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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Neverknowingly · 25/04/2019 16:43

And constructive dismissal is incredibly hard to prove. Only around 5% of cases are successful because it is so hard to prove. You also have to have worked there for 2 years and have less than 3 months after leaving to bring the claim yet it gets thrown around on mumsnet like some kind of easy alternative to ringing HR.

Whatamistakewhatamistake · 25/04/2019 17:22

Thanks I’m very aware of the rules and regs
surrounding CD! I left partly due to work related stress and cannot face another battle with them. HR were entirely involved and hopelessly inadequate, their payroll team are part of the HR team. They need to get their shit in order and this sort of thing wouldn’t have happened.

OP posts:
Chocmallows · 25/04/2019 18:23

Keeping and stealing are very different in my book.

My employers failed to take NI contributions for a period of time. I didn't notice and they gently highlighted it and asked to take it back in installments. Even when they deducted from my wages they didn't take contributions properly, which I notified them about. I was near a maternity leave and I asked to defer some payments. They instead removed the last deductions as said their error originally.

If the ex-employer highlights the issue to OP she can pay back. They will have to assume that she did not spot the overpayment as it's not her job to tell them how to run their department and anyhow it's not like she broke into HR with a gun and empty bag.

CynthiaRothrock · 26/04/2019 08:39

Choc it may be different in your book but in law theft is theft. End of. And it mat not be her job but it is her responsibility to notify her employer of any mistake in her money. Regardless of under or over payment. It would different if the shoe was on the other foot now wouldn't it?

The op asked for opinions but has decided on being a thief, that is her choice. I pity her future employers.

GottenGottenGotten · 26/04/2019 08:47

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

That's not correct. Overpaid wages are not subject to the normal rules about debt, and there is no time limit.

pintsizedblondie · 26/04/2019 09:10

They will eventually find out and you will be made to pay it back. I would be honest and tell them. If you spend it, they will just ask for it back in increments.

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