Not to pay salaries?

[Trenisenne]

After some advice on this one. I worked - until last month - for a very small organisation of about 7 people. As part of my role, I was one of two people (need both people) to release salaries (and other payments) using on-line banking.

I resigned at end November, and obviously raised this as an issue. Today I received a call from my former boss asking me to approve the payments through online banking. I have no connection with the company anymore, and while practically there is very little risk, it’s obviously not correct that I do this.

AIBU to not pay the salaries?

Having access to all that data could also be a breach under GDPR (well the Data Protection Act 2018 as it is in the UK). If you are not employed by the company you should not have access nor should you be processing data. The data controllers could be heavily fined. They need to resolve this asap. If they wanted you to continue duties they should have negotiated (paid) for you to extend your notice period. I'm quite shocked at their blasé attitude! Do not get involved and do not access any of the systems!

No way. Not in a million years. Surely someone else is a signatory on the account?

@thing47

'Sorry, no, as I don't work there any more I don't think that would be appropriate'

This but without the sorry or the second part of the sentence – you don’t need an explanation or a reason for them to have a comeback to. Just: “No, I’m no longer an employee.”

No don't touch it ! I can't believe you still have access to everything, what is wrong with them

Don’t do it. If you help them out they will lose all motivation to get it fixed for next month, and the month after, etc. Much better that they have to resolve the issue now.

Surely you no longer have the bank card or login details? No way should you do this!

No I wouldn't do it, you don't know if the payments are correct. Just tell them you no longer have access to the bank as you deleted it all when you left.

If you wanted a hook to decline, wouldn't the terms of the business banking account require transactions to be authorised by an employee or Director?

Absolutely not. Huge legal risk, huge audit risk, huge regulatory risk.

Stay well clear and do not engage!!

I agree with all of you who have said that this is a crazy situation. It’s actually good to have the checkpoint, though, because (as you may have gathered) the organisation is somewhat disfunctional and it’s possible to find your stance being affected by the craziness.

My only concern was the other employees (some of whom are friends), but that doesn’t make this my responsibility.

Theyve had over 2 months to sort this-tell them no you cant and youve sought legal advice over it

Blimey! I’d just clear the account and send the money to your bank account and see I that helps them focus

I would say yes, on the basis you agree a freelance service contract - that covers you from a legal point of view and enables you to charge a massive fee. They can take it or leave it, you have nothing to lose if it's easy money for something you know how to do. Charge them £500/hr and enjoy a holiday.

@Zilla1

If you wanted a hook to decline, wouldn't the terms of the business banking account require transactions to be authorised by an employee or Director?

Plenty of companies use freelance financial assistants / book keepers

@Auntycorruption yes - on a contracted services with terms. Thats not what this is.

No I wouldn’t touch with barge pole. If anyone contacts you I’d make it clear you reminded them when you gave notice in November.
If you are in a new job you may have a clause not to do any other work.
Old boss can sort it another way.

@Auntycorruption

I would say yes, on the basis you agree a freelance service contract - that covers you from a legal point of view and enables you to charge a massive fee. They can take it or leave it, you have nothing to lose if it's easy money for something you know how to do. Charge them £500/hr and enjoy a holiday.

This.

Day rate of £1950 or part thereof.

@Auntycorruption They do though the OP wont have those status. IME no sound company should use an ex-employee with no contract of employment nor for services to access their business banking and make transactions. I was trying to offer a non-confrontational monkey on my shoulder reason for the OP if she felt uncomfortable to say no without wanting to seem difficult.

@YoBeaches beat me to it. To be fair, I see @Auntycorruption suggested some informal freelancing but unless the OP wanted to establish themselves properly, this might be more trouble than it's worth.