Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU? To not pay back money owed to previous employment

28 replies

Bettyboop10 · 08/09/2023 22:28

Hello everyone,

I posted the same post on another thread but I am in desperate need of answers!

My mind has been going round the twist and I don't know if this sounds fishy or if it's just something that I am creating in my head. Here it goes.

I applied to a permanent post for a job. Unfortunately, I did not get the permanent post but they offered me a fixed term contract (duration 6 months). I took the job as it would offer me great experience and I was desperate to leave my previous toxic work place.

My fixed term post terminated on the agreed termination date on the contract. My manager offered me to attend an exit interview, stating that 'They do not offer this for temporary staff (but) want to gather my view anyway'. So I attended and gave praise to the team, with minimal changes that they could make but made it short and overall positive. I assumed that my manager may extend my contact or point me to a job advert that may be coming up within the team. But she didn't. So I let it be and applied for another job, which I got and have recently just started.

I am still a part of my previous employments team's work messages social account. Just 3 weeks since my departure from the team, I noticed that they posted a permanent job advert of the role that I was doing. This stung a bit. But I thought, well let bygones be bygones and at least I have another job coming up.

Just before I left my previous employment, I contacted my PAYROLL department to provide me with my P45 (as I forgot to download this before I handed back in my work laptop and could not get back into my payslip account). The payroll department informed me that as I am due to leave, I should just wait till my close terminate date ends and then my employee has to fill out a leavers form (?) and that's when they give me my p45. I thought no biggie.

Now, it has been two weeks since I have left my previous employment. I then contacted my payroll department and asked them that I need my P45 due to my new job asking for this. The payroll department notified me that because my manager filled in my leavers form late, I have been overpaid in August and hence the money owed will be taken from my September's pay check ( in my job) and once this is paid back, then they can generate a p45.

I notified the Payroll team that this cannot be and I do not believe I have been overpaid in August. My contract ended on the 26th of August and I notified the payroll department, on the 21st of August that I am due to leave my job and need my P45.

The payroll team told me that as my contact was permanent, there was no end by date and hence, due to my manager signing off my leavers form late, I have been overpaid in August and hence need to pay this back.

I replied that my contract is not permanent and I provided the payroll department my previous employment contract, which clearly states that my contact is fixed term and the end date is the 26th of August. Since then, I have just had radio silence.

What the hell is going on? I automatically assumed that something dodgy was going on. But please let me know if I need to pay back the overpayment- which I do not think this is the case.

OP posts:
Motorina · 08/09/2023 22:33

If you have been overpaid you need to pay it back. Sorry. I’ve been in this situation myself where, inspite of me giving 3 months notice, my manager forgot to tell anyone I was leaving.

Original poster
Bettyboop10 · 08/09/2023 22:35

Motorina · 08/09/2023 22:33

If you have been overpaid you need to pay it back. Sorry. I’ve been in this situation myself where, inspite of me giving 3 months notice, my manager forgot to tell anyone I was leaving.

Yes but my fixed term contract ended on a particular date. The Payroll team told me that my contract was permanent (it was not) and hence there was no end by date (it was) and therefore, I have been overpaid in August.

OP posts:
DaughterNo2 · 08/09/2023 22:36

There seems to be plenty of responses on your other thread

Motorina · 08/09/2023 22:42

I know your last day was the 26th. When were you paid til? If they paid you for the full month (up to the 31st) then you were overpaid and need to repay it.

it sounds like there’s been a fair amount of incompetence/poor communication around your contract, but that doesn’t give you a reason not to repay any overpayment.

Original poster
Bettyboop10 · 08/09/2023 22:43

DaughterNo2 · 08/09/2023 22:36

There seems to be plenty of responses on your other thread

There wasn't before. But now it is.

OP posts:
Bookish88 · 08/09/2023 22:46

Your new employer doesn't actually need your P45. Complete a P46. Then when you eventually get you P45 you can provide it. No big drama.

Original poster
Bettyboop10 · 08/09/2023 22:47

Motorina · 08/09/2023 22:42

I know your last day was the 26th. When were you paid til? If they paid you for the full month (up to the 31st) then you were overpaid and need to repay it.

it sounds like there’s been a fair amount of incompetence/poor communication around your contract, but that doesn’t give you a reason not to repay any overpayment.

Minus the bank holiday's. There are 23 actual working days in August and I work three days per week. So I worked until the 21st of August.

OP posts:
Original poster
Bettyboop10 · 08/09/2023 22:47

Bookish88 · 08/09/2023 22:46

Your new employer doesn't actually need your P45. Complete a P46. Then when you eventually get you P45 you can provide it. No big drama.

Ok great! I'll look online and apply for a p46.

OP posts:
Switcher · 08/09/2023 22:50

You do pay it back yes. Annoying obviously but it is fine to wait a bit to hand P45 to new employer late, these exact scenarios do happen.

TeaKitten · 08/09/2023 22:52

You do have to pay it back yes, even though it’s their fault. The fact is you didn’t earn that money and it’s not yours so unfortunately you have to pay it back.

MrTiddlesTheCat · 08/09/2023 22:53

It's very confusing. Have you actually been overpaid or do you think your pay was correct?

Motorina · 08/09/2023 22:55

So when were you paid til? I agree with @MrTiddlesTheCat about the confusion!

ElderMillenials · 08/09/2023 22:55

Have you checked the pay and is it less than a full month? You need to look at your final payslip to see if there is an overpayment.

If they've overpaid then yes, you have to pay it back. Annoying but they would be able to take further action and you may incur more cost. It's not unusual or necessarily 'dodgy'.

Challengedbutenlightened · 08/09/2023 22:56

You will have to pay this back, your previous employer can take you to court to recover the monies. As part of most companies policies, it is the employees responsibility to ensure their pay is correct not payroll even if it’s not your fault.

Original poster
Bettyboop10 · 08/09/2023 22:57

ElderMillenials · 08/09/2023 22:55

Have you checked the pay and is it less than a full month? You need to look at your final payslip to see if there is an overpayment.

If they've overpaid then yes, you have to pay it back. Annoying but they would be able to take further action and you may incur more cost. It's not unusual or necessarily 'dodgy'.

I'm not sure how to calculate it and yes my August pay is less than a full month.

OP posts:
bumpetybumpbump · 08/09/2023 23:00

All the stuff about timing and what your manager said is irrelevant. What date did you work to and what date did they pay you to?

Original poster
Bettyboop10 · 08/09/2023 23:04

bumpetybumpbump · 08/09/2023 23:00

All the stuff about timing and what your manager said is irrelevant. What date did you work to and what date did they pay you to?

I'm not too sure. But I can tell you what I got in my July pay.

In July, I got paid £1613.22

In August I got paid £1584.8

OP posts:
HakunaMatiłda · 08/09/2023 23:06

How many days did you work in July v how many you worked in august v August if you hadn’t resigned

Original poster
Bettyboop10 · 08/09/2023 23:07

HakunaMatiłda · 08/09/2023 23:06

How many days did you work in July v how many you worked in august v August if you hadn’t resigned

In July, I worked 13 days.

In August I worked 11 days.

OP posts:
LittleRedYarny · 08/09/2023 23:08

I’ve had a similar situation occur when I had was seconded to another team and payroll didn’t adjust for this, it only came to light because of a change in pay grade in my seconded role and they decided to claw back the overpayment from the new pay grade lump sum I was owed.

As others have said you do have to pay back the money, however I would politely ask for a detailed pay break down for your last month to evidence the over payment.

Once they have demonstrated the overpayment graciously accept that and but note that this wasn’t from your lack of action in informing them of your final working day and so offer to pay them back at an amount acceptable to you that won’t cause you financial hardship. Keep everything really nice and polite and hopefully you can fix this in the least impactful way for you.

Chocolatelabradorsarethebest · 08/09/2023 23:13

If you’ve been overpaid then you’ll need to pay it back.

You just need to contact your old manager and ask.

Just because you were on a fixed term contract doesn’t mean you’re automatically ended in the payroll system, your manager would still need to have formally made you a leaver / told payroll of any holiday owing / outstanding etc. it’s rarely an automatic process - I work in payroll and this is the case everywhere I’ve worked. Payroll also wouldn’t take your word that you’re leaving on a set date, again this needs to come from your manager.

Sort version - email your old manager and if you’ve been overpaid you’ll need to pay it back.

Motorina · 08/09/2023 23:20

Your contract ended on the 26th? So you were employed for 85.5% of the month? (100 x 26 / (365/12))

That multiplied by your July payment is £1379.73. On that basis you were overpaid just over £200.

Get them to clarify their figures, but that’s how it looks to me.

sleepwouldbenice · 08/09/2023 23:20

Hi
It does seem as though you have been overpaid, can't be sure how much without more detail

But stay calm, its not your fault. You should pay it back, don't forget they write your reference etc so dont get stubborn, but again you did nothing wrong so don't panice

Email them your leaving date( but also ask them to check if you were owed any holidays money as well) and that they then confirm the exact value of the amount you owe. Then they should agree to your repaying over say 3 months .

Original poster
Bettyboop10 · 08/09/2023 23:25

sleepwouldbenice · 08/09/2023 23:20

Hi
It does seem as though you have been overpaid, can't be sure how much without more detail

But stay calm, its not your fault. You should pay it back, don't forget they write your reference etc so dont get stubborn, but again you did nothing wrong so don't panice

Email them your leaving date( but also ask them to check if you were owed any holidays money as well) and that they then confirm the exact value of the amount you owe. Then they should agree to your repaying over say 3 months .

Well....that is too late. I panicked as this has never happened to me and I was quite panicky in my emails.

OP posts:
Happiestonthebeach · 08/09/2023 23:28

How much holiday have you taken too compared to the allowance for the time of the fixed contract?

Swipe left for the next trending thread