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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:

SouthernComforts · 25/04/2019 08:23

If there is 2 lines of detail on the payslip, it could be that you usually get 'Salary - 1 x £1800' but because you were leaving payroll were instructed to pay you '150 hours x £10' as final pay and X hours accrued holiday, and they've left the salary line in too by accident.

HolyMilkBoobiesBatman · 25/04/2019 08:30

until OP gets her P45 she isn’t sure if it’s her final pay or not.

Well she could ring payroll and clarify whether they money is hers or not.

Orangeballon · 25/04/2019 08:31

They may have made you a goodwill payment for the crap treatment. I have done payroll and payments are usually signed off or checked before the big button is pressed, especially those of a leaver.

Orangeballon · 25/04/2019 08:33

Keep it in your account for a year if worried, it’s not a big deal. Happens all the time.

Acis · 25/04/2019 08:38

It’s not theft unless there’s an intention permanently to deprive, so if OP pays back promptly when asked obviously they can’t prove that.

OP, you probably can’t pursue constructive dismissal unless you used grievance procedures while you were there.

Damntheman · 25/04/2019 08:57

I would just call payroll and check if it was mine or not, I couldn't live with the guilt of taking money that wasn't mine even if I'd been treated badly. Two wrongs do not make a right in my book, and there's a fair chance the money is actually all yours and you can keep it with a light heart!

This happened to me a couple of times, both times the money was actually mine - holiday pay. But it was a relief to not have to worry about if I would have to pay it back.

CynthiaRothrock · 25/04/2019 13:26

It is called theft by deception. You know its not your money so keeping it and not informing them is classed as deception and fraud. I have known 2 people have similar situation one was over paid by a full months salary. It took 6 months before the company realised as he had the same attitude as you but he had spent it. they legally asked for the money back when he said it was gone they took him to court. He lost and had to pay back nearly double the amout and its on his record.

CynthiaRothrock · 25/04/2019 13:29

Oh and it is the employees (or ex in this case) to check their payments are correct. And they should notify their employer immediately /within so many days so mistakes can be corrected before or on the next pay run. What would you be saying if they had underpaid you? I bet you would have called them straight away!

HotChocolateLover · 25/04/2019 13:32

Put it in premium bonds til they ask for it. Maybe you’ll win £1 million in the time they take to realise their mistake 😂😂

Nesssie · 25/04/2019 13:34

You won't be able to distance yourself from them and move on for at least 6 years then as that's how long they have to notice and pay it back.

They'll notice by next April latest as that's when the financial year ends and they'll realise.

NoSauce · 25/04/2019 13:38

Personally I would ring and ask them about it. I wouldn’t want it hanging over me.

Myheartbelongsto · 25/04/2019 13:40

I can't understand why you wouldn't give it back if it's a mistake. You have no morals either.

It will likely be picked up at year end and then they'll ask for it back and you'll look bad for not being honest.

If a company had treated me badly it would make me do the right thing even more just to show them up.

justarandomtricycle · 25/04/2019 14:00

It’s not theft unless there’s an intention permanently to deprive, so if OP pays back promptly when asked obviously they can’t prove that.

Yeah, no. "I'll only give it back if I'm caught" is an intent to permanently deprive, otherwise all shoplifting would be nice and legal.

TheyCallMeBell · 25/04/2019 14:09

Gosh aren't we all on the moral high ground?

Keep it, OP. If they ask for it back, give it to them. No more thought necessary.

ashtrayheart · 25/04/2019 14:13

I would keep it and pay it back in instalments if they ask for it!

EL8888 · 25/04/2019 14:23

I personally would do nothing. It was their mistake. I’m guessing you are looking for a new job and going to interviews. I would concentrate on that, instead of sorting out their possible mistake. Put it to one side like you said. It could be some compensation, l got some money from an organisation after l worked for them briefly and they tried to slash my salary. We parted ways and they gave me some money as a gesture of goodwill

CottonSock · 25/04/2019 14:31

I'd do the same op.

Original poster

Whatamistakewhatamistake · 25/04/2019 15:09

It’s nothing like shoplifting. I’d didn’t take it from them, they’ve given it to me. If it’s a mistake and they ask for it back of course I’ll give it back but after all they did I will not make it easy for them and tell them.

Having a little bit of info into payroll there’s no reason it would come up at year end as I’m a leaver. If they’re audited and pick my file it probably will.

The money is in a separate account and I won’t spend it yet. If they want it back after a long time they’ll have to set up a repayment plan.

As for those of you on your moral high horses, I’m glad I don’t live my life never being wrong like you seem to!

OP posts:

NoSauce · 25/04/2019 15:12

Gosh aren't we all on the moral high ground?

Nope, the money isn’t the OPs and she knows it. It’s not hers to keep.

NoBaggyPants · 25/04/2019 15:20

The intention to permanently deprive begins at the point you realise you have money that is not yours, and you fail to take reasonable steps to return it.

You're at that stage now OP.

CynthiaRothrock · 25/04/2019 15:56

Theft by deception regardless of weather you dont spend it, it is in your possession and being with held from its rightful owner. Hope you like having a criminal record for theft from.an employer.

Nesssie · 25/04/2019 16:16

I think there's a big difference between ever being wrong like you seem to! and keeping money you know doesn't belong to you.

BaubleQueen · 25/04/2019 16:30

justarandom However shoplifting is stealing involves taking something without permission, not being given something in error. Not quite comparable.

Bellasorellaa · 25/04/2019 16:35

they have to take you to court for it
then you can raise a counter claim for constructive dismissal

i wouldnt say anything

Neverknowingly · 25/04/2019 16:37

The Theft Act specifically deals with money wrongly credited to them.

You can call people holier than thou all you want - but you're still contemplating stealing.

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