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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To not pay it back?

81 replies

Whatamistakewhatamistake · 24/04/2019 21:38

Hoping you can help.
NC for this.
I left my job two months ago. They treated me crap and if I could be arsed I’d go down the route of constructive dismissal but that’s a whole other story.
My final pay at end of March was over by a full month’s salary, they paid me a full month plus the almost full month I worked in Feb.
Can they claim this back from me? I didn’t tell them. It’s £1500 after tax.

OP posts:

opinionatedfreak · 24/04/2019 21:58

Tell them. They have to claim it back within 5 years.

This happened to me, I told my former employer and was ignored - they then tried to claim it back out of the 5 year timescale. My union were very helpful in defending my right to keep the cash.

I still had copies of the emails I’d sent about the overpayment and offering to pay it back.

Shelbybear · 24/04/2019 22:03

They probably won't notice it for a long time if at all. If someone does notice it they might not want to own up to paying your wrongly, especially if mistakes seem to happen regularly.

We've just discovered at my work that someone was being paid their monthly salary for years after they left! I have no idea how the hell that cld happen but it did 🤷🏻‍♀️

Thousands of pounds. We have gone down the legal route to claim it back and guess what...they are paying it back at something like £10 a month or something crazy.

I wouldn't worry too much but I also wouldn't spend it...not yet anyway 😛

Lalliella · 24/04/2019 22:06

Keep it. Yes they have a right to ask for it back, and if they do give it to them. But there’s no way I’d volunteer it.

ReindeerDream · 24/04/2019 22:06

So you left towards the end of Feb, and they have paid you for Feb, plus March, which you didn't work? Could it be a notice period they have paid you for? (as in, when you left in Feb that was considered the start of your notice period with the official final leave date (as it were) in March? Were you on a 4 weeks notice?

Dafspunk · 24/04/2019 22:09

Surely it’s payment for notice period?

HeckyPeck · 24/04/2019 22:11

Surely it’s payment for notice period?

That’s what I’d assume. I’d go with keeping it in a savings account so you can pay it back if that turns out not to be the case.

quietheart · 24/04/2019 22:15

If it is a mistake and they notice they can ask you to pay it back. You can offer instalments of very small amounts and not repay it all at once though.

lightlypoached · 24/04/2019 22:17

I've worked in payroll and mistakes are common. unlikely ever to be uncovered if it's a big company. bank it and be ready to pay it back. for big firms its usual to have a staged payback agreement for overpayments to avoid hardship.

I hope your next job is better. x

SavingSpaces2019 · 24/04/2019 22:21

i was overpaid by a months wage about 2 years ago....they wrote to me to ask fit back but i just ignored them.
Never heard from them again - i think it would cost them more to forcibly get it back.

Thehogfatherstolemycurry · 24/04/2019 22:25

Did you work a month in hand when you first started? Could be that.

Gazelda · 24/04/2019 22:33

But you're never going to be able to spend it, in case they realise and ask for it back.
Why not just be the bigger person, tell them of the mistake and pay it back? You need never have to think about them again.
Or they may tell you that it wasn't a mistake and then you can splash it on something frivolous!
I'd return it just to be able to close off an unhappy chapter.

Chocmallows · 24/04/2019 22:38

I would put it in a savings account or premium bonds and forget about it. Pay back if asked within 5 years.

potatopeelings · 24/04/2019 22:52

Have they sent you your P45?

llangennith · 24/04/2019 22:56

Hang onto it. Their mistake.

AllTheFunAndGames · 24/04/2019 23:02

It's theft and possibly fraud. I wouldn't fancy needing a reference from them if they discover you kept money that was paid to you in error. You will also have difficulty getting future employment if any prospective employers find out. If they are a big international company, I'd be surprised if they don't notice. Do they employ auditors or accountants to monitor finance?

Macandcheese05 · 24/04/2019 23:19

my office once fucked up a new girls wage. she had been there 2 weeks and got paid over £4000 (more than double what she was due but she wasnt even due that until the following month due to how their wages worked). she never mentioned it and went and spent it. had a huge blowout on god knows what. when her real payday came round 4 weeks later they realised their mistake and asked for it back. she spent 3 years paying back £100 a month.

Original poster

Whatamistakewhatamistake · 25/04/2019 06:52

Theft and fraud? Hell I don’t think so. I didn’t steal anything.

I was always paid in arrears and worked my full notice.

My P45 is delayed due to P60 production but I’m assured it’s on its way.

OP posts:

itsnotso · 25/04/2019 07:44

Yes OP, theft and fraud. There have been many publicised cases where money has been accidentally deposited into bank accounts, and been spent by the receiver. These people were taken to court, convicted and received a criminal record. Your case is no different, is it really worth a criminal record??

HolyMilkBoobiesBatman · 25/04/2019 07:55

Yes it is technically theft. The money doesn’t belong to you as far as you are aware.

I’ve had some pretty shitty jobs and employers in my time, but still none that I feel are worth risking a CCJ, but that’s just me.

KooMoo · 25/04/2019 08:09

With regards to morals, they have none. Neither do you OP!

Bluntness100 · 25/04/2019 08:12

Are you sure it's a mistake if you were paid in arrears could it be what's owing?

Thesnobbymiddleclassone · 25/04/2019 08:18

If its a error and you're aware (like you've stated) then yes you can be charged for fraud and/or theft and you knew that money was an error

Asvan · 25/04/2019 08:20

I'm sorry OP but I think it's very wrong and dishonest for you to keep the money. No matter how bad they treated you. If you aren't sure why you have been unpaid at least ring payroll up and ask them. You never know you could be entitled to it and then you can keep it without worrying. If its not yours, you should give it back. No matter how big the company is and what they did to you, this situation tells us a lot about you. It doesn't have to be tit for tat. As an employer I don't think I would ever employ anyone like you, how could I trust you?

Trustingmygut · 25/04/2019 08:20

Theft and fraud? No it isn’t. The company have given her the money, op didn’t ask for it, she hasn’t claimed it. It only becomes theft if it is asked for back and op refuses. Until OP gets her p45 she isn’t sure if it is her final pay or not.

OP has said she has put the money into a separate account in case it is asked for back, so talk of ccj’s is a bit extreme, op has said she will pay it back.

justarandomtricycle · 25/04/2019 08:22

You are worse off being indebted to people who have treated you badly.

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