I've been overpaid by my employer, WWYD?

[Whattodowithoverpayment]

I work on a minimum-wage, zero-hours contract for a huge multinational company. I've just opened my latest payslip and they've overpaid me by around £750. I can see that whoever processed the payment has miscalculated the hours I worked last month. If the company was smaller I'd fess up, but they definitely won't miss £750. I'm flat broke and the money will mean so much to my family this Christmas. But I'm worried they'll find out and make me pay it back. What should I do?

If they come for you...

• You didn't check/realise there had been an overpayment. When they give you the date you realise you didn't notice because it was the week before Christmas and you were very busy.
• Now that they have brought it to your attention you're very sorry that you hadn't noticed.
• Offer to repay it and ask for a payment plan over as many months you think you can get away with. Start by offering £50/month and see where that gets you.

Ignore the foolish people saying you'll get a criminal record. You haven't deliberately defrauded them; they made a mistake.

You will be asked to pay it back eventually, so unless you need a loan to get through Xmas, you’re better off to pay it back now and then you won’t have to think about it again.

By keeping it she is committing a crime. And given she’s essentially said how much of a difference this money would make to her family, it would be ridiculous to try to claim she didn’t notice its unexpected presence in her account.

She quite literally isn’t.

Could it be holiday accrual for 2025?
But you must tell them.

Saying “literally” doesn’t make it true..

Yes it is - you have told us on here that you haven’t earnt it someone has given you money and it is not money you are entitled to. Totally ridiculous. Give it back.

I would personally not think very much of you as an employee if you didn’t say something

1. either you are dishonest
2. or a total div with your finances - £750 is a lot as you say for you
3. they Will notice and claim it back

reverse this

1. you go to them and say look I think you have overpaid me I’ve got £750 more than I should have
2. you seem organised and on it
3. no need to worry about paying it back

Section 5(4)of the Act further provides that where a person receives property by mistake they have an obligation to return the property and it will remain deemed to be belonging to another. A failure to return the property in this instance will amount to theft. For example, A-G Ref (No 1 of 1983) [1985] QB 182 an employee received an overpayment of their wages from their employer. The realised this mistake and said nothing, which amounted to theft as the money rightly belonged to employer.

https://www.lawteacher.net/cases/a-g-ref-no-1-1983.php#:~:text=The%20defendant%20was%20a%20policewoman,money%20from%20her%20bank%20account.

https://nwssp.nhs.wales/ourservices/counter-fraud-service/convictions-in-nhs-wales/nhs-worker-sentenced-to-6-months-imprisonment-suspended-for-12-months-for-20-000-overpayment-fraud/

The real question is here is does the OP have a payslip as that will tell her what she needs to know. Has she been paid extra hours or something else. Without knowing what is on that we don’t know why extra money has been paid. It still might be legit.

They may notice before next paycheck and just not pay you . Whether you decide to chance it or not. Do not spend it .

Doesnt matter if they’ve given it to her. It would be ‘dishonest retention’ which is an offence under the Theft Act.

If you're that skint you need to keep this money, how do you expect to be able to pay it back if they do notice and demand it back over so many months?

You will benefit from your dishonesty now but it will come back to bite you if they do notice and want it paying back, leaving you short in the new year... it's not worth it