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Original poster

Work overpaid me by 20k, can’t pay back

156 replies

WhatsMyUsername89 · 13/02/2023 23:00

My work has overpaid me by £20,000.

I recieved a 5k bonus. Then for the next 4 months I got the 5k every month.

I rang my boss after I realised & she said I need to contact HR. Called HR, they said put it in an email.

Emailed HR saying think I’ve been overpaid let me know exact amount and how to pay it back. I CC’ed my manager

I also called another manager and she said the same thing as my manager and told me to email it.

I travel a lot for work, and when I saw our HR member in Singapore I did say “have you looked at my pay issue.” She said she’ll get back to me.

I’ve heard nothing. It’s been 10 months.

what do I do? They haven’t asked for it back. It’s just sat in a separate account, I haven’t spent it.

Wondering if someone is trying to hide it to not admit their mistake? Potentially thinking could it be picked up at end of financial year?

OP posts:
Blessedwithsunshine · 14/02/2023 07:35

puppacup · 14/02/2023 07:29

If you don’t, it could look like you were colluding and could be linked with fraud. It’s a hell of a lot of money - there is no way I would want to ‘keep it’ or put it in bloody premium bonds - that is terrible advice!

She has spoken to a few people in HR & management. How can she be colluding?

And let’s assume it is for a moment, that won’t stand up in court as a reasonable excuse to end up keeping and benefitting from so much money you have acknowledged isn’t yours.

How do you suggest she pays it back then?

The money hasn’t been paid back.
It needs to be paid back.
A few emails are not sufficient in my view.

I would suggest op keeps escalating until something is done. That is my view.

Blessedwithsunshine · 14/02/2023 07:39

You have to imagine if this does become an internal investigation and/or a legal matter, and op is found to be sitting on £20,000 of company money, other than a few half hearted emails may not be sufficient to prove she made every effort to pay it back.

These things can turn very ugly, very quickly in my experience.

bonzaitree · 14/02/2023 07:44

Unless you want to dump a sports bag or used notes in the HR directors office, I don’t think that you can pay it back!!

I would email once a month, copying the world into the email to implicate as many people as possible. List within the email the dates of the other emails you have sent “further to my previous emails dated x y and a, attached for ease of reference….”

Set up a reminder to send the email on 1st of the month, then completely forget about it.

Ketchupwee · 14/02/2023 07:46

*However a friend said because it’s a bonus it could be seen different.

all my payslips say “bonus” on as well

do you know if this is true*

No it's not true, you know you shouldn't have the money so at some point they will realise and will ask for it back (probably end of financial year or when then have an external audit), so you have been wise keeping it separate. I agree with the PP that said stick it in premium bonds.

If you don't have it to give back they will take it as deductions from future pay

I would forward your email trail to the Head of HR and the Head of Finance, saying that for 7 months you've been trying to repay the money but no-one is telling how to do this.

bonzaitree · 14/02/2023 07:49

Get a company organisational chat and email the people at the top. I’m thinking CFO. Fuck it. DONT get yourself in trouble because some idiot in HR is ignoring the mistake!!

Brefugee · 14/02/2023 07:50

I would email once a month, copying the world into the email to implicate as many people as possible. List within the email the dates of the other emails you have sent “further to my previous emails dated x y and a, attached for ease of reference….”

yep, and if possible escalate a little higher each time. I'd also try a weekly call too. Just for the records.

namechangeforthisbleep · 14/02/2023 07:52

AnElegantChaos · 13/02/2023 23:06

I think you need to keep pushing this, tell HR/Payroll you'll go to CEO if they don't sort it as it will bite you on the bum at some stage, even with an email trail.

Wise you kept it in a separate account - hope you've managed to earn some interest on it!

How?

GrasstrackGirl · 14/02/2023 07:52

You need to try harder to return it but you have done the right thing by putting it in a separate account.

Tgbbb · 14/02/2023 07:56

This will be a complete pain in the arse to sort. I was overpaid by just 4k over about 6 months, every month I told them, rang payroll, hr and nobody would resolve it.

After 10 months or so, payroll told me I'd have to pay it back. No problem, it's sitting in my bank. Unfortunately it's not that simple because it has to be paid back before tax so I now pay 100 a month back for the next 3 years which is deducted from my payslip. So you might get to 'keep' the bonuses but be facing quite a hefty monthly deduction

CleaningOutMyCloset · 14/02/2023 08:00

Buy premium bonds with it and just leave them fucking over, you can get the money back quickly if you need to.

The one reason I'd be concerned is if it had any tax implications

Sugarfree23 · 14/02/2023 08:01

Op I'd put it in a high interest account and keep quiet 🤫.
You've tried to alert your employer nobody is listening so collect some interest while they figure it out.

MichaelFabricantWig · 14/02/2023 08:09

WhatsMyUsername89 · 13/02/2023 23:12

Yes I heard about the 6yr rule. However a friend said because it’s a bonus it could be seen different.

all my payslips say “bonus” on as well

do you know if this is true

Show quote history

The 6 years is the legal time bar, nothing to do with whether it’s salary or not.

I’d send them a recorded delivery letter as well as an email asking for bank details to pay it back. At least you’ve kept it separate there are plenty of idiots who’d have spent it!

Blessedwithsunshine · 14/02/2023 08:09

I am amazed people are telling op to keep quiet, you can be prosecuted for this, it’s a huge amount of money ! Playing the ignorant card won’t wash.

ACynicalDad · 14/02/2023 08:13

I imagine it’s much easier to pay back this financial year and correct the tax / NI through self assessment? I’d say if it isn’t sorted this year you will want any tax loss/accountants fees paid. Not sure if you can get this but it might focus their minds.

MichaelFabricantWig · 14/02/2023 08:15

puppacup · 14/02/2023 06:33

I'm also surprised they can demand it back. I was under the impression they can ask for it back, make you think you have to give it back but really you are not obliged too.

Yes you are and they are not obliged to seek consent either if it’s a genuine overpayment. You aren’t allowed to keep money you aren’t entitled to!

JustJamie5 · 14/02/2023 08:16

As a HR person - wow!

Id be snapping your hands off to get it back! But I work in a charity, we need to be commercially aware. We also get our payroll audited, auditors always have a way of picking records where something has gone wrong. I’m saying this as a HR person where payroll sits in finance!!

Depending on how big your company is, could you contact the chief financial officer (ours is the finance director)? They’ll be interested in the numbers. Or contact whoever controls your budgets.

EwwSprouts · 14/02/2023 08:17

Sounds as if you work for a large organisation. Email HR again and copy in internal audit.

OnlyFoolsnMothers · 14/02/2023 08:17

I’d email and ask for bank details to send it back to. It will come back to bite you otherwise.
is it messing up you tax brackets? Child benefit etc?

puppacup · 14/02/2023 08:28

@MichaelFabricantWig even after you have left? surely that would involve legal action which i doubt many companies would realistically pursue as the costs would outweigh most reclaims.

Ceryneianhind · 14/02/2023 08:28

You can't just pay it back to a bank account, it has to go through the payroll

Talia99 · 14/02/2023 08:28

I got overpaid once and with tax, NI and pension, returning the money would have been a nightmare for my employer in working with the various agencies etc. Instead, they deducted salary each month until the pre-tax sum matched the pre-tax amount paid (so not the amount I actually got).

It’s not as simple as just sending it back unfortunately.

I agree you need to keep chasing and escalate if needed.

puppacup · 14/02/2023 08:29

I am amazed people are telling op to keep quiet, you can be prosecuted for this, it’s a huge amount of money ! Playing the ignorant card won’t wash.

But that's redundant as she hasn't kept quiet...

JemimaTiggywinkles · 14/02/2023 08:30

I agree with the (most) others - keep is somewhere safe that you can’t spend it and keep emailing. I’d probably email one each week and keep escalating the managers you CC in. Be annoying (to HR) until they sort it.

puppacup · 14/02/2023 08:31

You can't just pay it back to a bank account, it has to go through the payroll

yes this is my understanding due to NI & ERS

Blessedwithsunshine · 14/02/2023 08:32

puppacup · 14/02/2023 08:28

@MichaelFabricantWig even after you have left? surely that would involve legal action which i doubt many companies would realistically pursue as the costs would outweigh most reclaims.

What on earth are you talking about it? It’s £20,000 not £20. Of course a company will pursue and additionally may choose to escalate. It’s theft, if you can not prove every effort was made to return it. A substantial paper trail with both written and electronic evidence would be needed to support op’s claim.

You seem to have a poor grasp on both the law and the concept of honesty.