Page 4 | Work overpaid me by 20k, can’t pay back

WhatsMyUsername89 · 2023-02-13T23:00:51+00:00

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?

Everydayitsgettingcloser · 14/02/2023 08:32

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...

Well quite. No one has said keep quiet completely but there is a limit to how much you can chase them.

I emailed every few weeks, phoned and wrote a letter and my employer just couldn't be bothered. I am satisfied that there is a decent paper trail and I have also kept it set aside (have made a good amount of interest) so I am not worried about any dire consequences..no one is going to prosecute anyone for fraud when there is evidence they have pointed out the error

Blessedwithsunshine · 14/02/2023 08:33

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...

Are you trying to get op prosecuted?

Blessedwithsunshine · 14/02/2023 08:36

Everydayitsgettingcloser · 14/02/2023 08:32

Well quite. No one has said keep quiet completely but there is a limit to how much you can chase them.

I emailed every few weeks, phoned and wrote a letter and my employer just couldn't be bothered. I am satisfied that there is a decent paper trail and I have also kept it set aside (have made a good amount of interest) so I am not worried about any dire consequences..no one is going to prosecute anyone for fraud when there is evidence they have pointed out the error

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It’s about sufficiency.
Clearly a few random emails will not be regarded as ‘sufficient’ - and the onus is on op to highlight the issue, and flag extensively that there is a pretty major problem in the company and it is likely to be exposed sooner or later.

puppacup · 14/02/2023 08:38

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 don't understand why people are saying this or asking for bank details.

Email the head of HR & finance & cc your manager & above.

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.

She can't make an effort to pay it back though, it will need to be deducted from future pay & she's informed people so she's hardly sitting on it.

@Blessedwithsunshine how do you suggest she physically pays it back?

Everydayitsgettingcloser · 14/02/2023 08:39

Blessedwithsunshine · 14/02/2023 08:36

It’s about sufficiency.
Clearly a few random emails will not be regarded as ‘sufficient’ - and the onus is on op to highlight the issue, and flag extensively that there is a pretty major problem in the company and it is likely to be exposed sooner or later.

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Do you have any actual examples of this happening in real life you can link us to? Because I think this is total bollocks

It is true that the OP has a duty to report it but she has several times.

puppacup · 14/02/2023 08:39

Are you trying to get op prosecuted?

🙄

puppacup · 14/02/2023 08:40

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.

How is it theft? The OP didn't pay herself it & the money hasn't been spent.

Support what claim?

puppacup · 14/02/2023 08:42

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

And you seem to lack comprehension skills. Where have I said the OP should keep the money? My point was the OP can't just walk in Prince Charles style with a bag of cash & leave it on the head of HRs desk.

LookItsMeAgain · 14/02/2023 08:44

As the others have suggested - communicate your way up the ladder. Each week say who you've brought this to the attention of in your previous communication and that you are looking for a way to return the money.

I'm genuinely surprised that they haven't beaten a path to your door/desk at this stage. You must work for a large enough company that they are not looking for the 'missing' £20k by now. Surely there are suppliers that need to be paid, other staff etc. and that £20k could go some way to getting them sorted. Very strange altogether.

Keep emailing though and move your way up the organisation until you get to the very top!

MotherofPearl · 14/02/2023 08:51

In this situation I'd say it's all about protecting yourself by creating a very robust paper trail. Regular emails up through the organisation are crucial - even if you don't get responses, you then have the evidence that you have taken every reasonable measure to solve the problem.

Schnooze · 14/02/2023 08:52

Just send a reminder every month. That’s all you can do.

“As per previous emails dated x, y and z, I am notifying you again about…”

Moveoverdarlin · 14/02/2023 08:52

Why are people talking about fraud and court? It would never get that far. As soon as they give her instructions to pay it back, she will. She’s called, she’s emailed and then she’s chased those up. It wouldn’t get to court because when they ask for the money, she’ll give it back. Obviously keep hold of those emails and they will back up you’re being 100 percent truthful. But let’s not be silly, if they don’t, a lovely thing has happened and she’d be stupid to escalate this and get stressed about it. Keep quiet now!

Mugparrot · 14/02/2023 08:54

I think I'd write asking for instructions regarding repayment and say if you haven't heard by xyz date you'll assume repayment isn't required.

Then sit on the money and do nothing for a few years.

JemimaTiggywinkles · 14/02/2023 08:58

It’s theft, if you can not prove every effort was made to return it.

Of course it’s not theft! How could she be intending to permanently deprive the company if she’s the one repeatedly raising the issue and asking how to pay it back?!

Doveyouknow · 14/02/2023 09:03

I had this. I chased them repeatedly about paying it back as the additional payments had taken me into the next tax bracket and impacted my student loan payments. Never persuaded them to take they money back. Spent it in the end...

BowiesJumper · 14/02/2023 09:04

It’s unfortunate that it’s nearly April as this could really mess up your tax etc. As others have said, does it take you into a higher tax bracket? Will this affect a child benefit claim/mean you have to a self assessment form? Hopefully not (if you’re already in the high tax bracket) bonuses of £5k would imply you are already.

I would email head of HR, your manager and their manager asking them to sort it out asap as it is going to effect your P60 etc.

ProudToBeANorthener · 14/02/2023 09:05

You will be “overpaying” National Insurance which they will have to recalculate manually for you. Also, if it goes beyond the end of March (end of tax year) the tax becomes more complicated to sort out too. They need to fix this as quickly as possible to make sure that the tax and NI that you’ve paid is correct as at 5th April 2023 before you move into the new tax year. Good luck 🤞

MeridianB · 14/02/2023 09:08

This might sound random but you are not on or recently finished maternity leave are you? My work has a system where bonus payments are repeated if you take mat leave within a certain window after they’re paid.

Definitely a good idea to keep it in a separate account.

SchoolTripDrama · 14/02/2023 09:15

Pearsandclocks · 13/02/2023 23:43

Bonkers that no one wants to take responsibility! Completely different but My friend has a disabled child and receives direct payments from the local authority. Last year they paid £246,000 into her bank account by mistake when another council took over the care package. Took nearly a year before anyone took responsibility for the money!

Direct payments from the local authority? Sorry it's just that I have a disabled child and I can’t fathom why she receives anything from the LA? Is it for transport? Sorry to be nosey I just want to make sure we're not missing out on anything!

Pearsandclocks · 14/02/2023 09:23

SchoolTripDrama · 14/02/2023 09:15

Direct payments from the local authority? Sorry it's just that I have a disabled child and I can’t fathom why she receives anything from the LA? Is it for transport? Sorry to be nosey I just want to make sure we're not missing out on anything!

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Yes. She receives the payments to pay staff who care for both her disabled sons in their own home. When my son was at home he had daily support from a care agency but the LA paid them directly as I didn’t want the hassle of direct payments but some parents prefer direct payments to pay for services so they can choose who does it.

illtakeit · 14/02/2023 09:26

These sort of things never happen to me 😑😐😐

Blessedwithsunshine · 14/02/2023 09:26

People have been prosecuted for precisely this, so the idea that nothing will happen is not correct or accurate.

As most people keep saying it’s very odd, most companies would be in a hurry to sort this out promptly, the fact they aren’t is a bigger worry and should be ringing alarm bells. I would not want to be involved with this in any shape or form. Escalate today. Cover your back.

Mugparrot · 14/02/2023 09:33

Blessedwithsunshine · 14/02/2023 09:26

People have been prosecuted for precisely this, so the idea that nothing will happen is not correct or accurate.

As most people keep saying it’s very odd, most companies would be in a hurry to sort this out promptly, the fact they aren’t is a bigger worry and should be ringing alarm bells. I would not want to be involved with this in any shape or form. Escalate today. Cover your back.

OP can't be prosecuted when she's brought the situation to their attention and has tried to pay it back. The worst that can happen is she pays it back at some later date when they get their act together

donquixotedelamancha · 14/02/2023 09:35

Blessedwithsunshine · 14/02/2023 09:26

People have been prosecuted for precisely this, so the idea that nothing will happen is not correct or accurate.

As most people keep saying it’s very odd, most companies would be in a hurry to sort this out promptly, the fact they aren’t is a bigger worry and should be ringing alarm bells. I would not want to be involved with this in any shape or form. Escalate today. Cover your back.

I will bet a very large amount of money that you can't link to a case where someone asked to pay the money back, was ignored and then got prosecuted.

There are some bloody stupid comments on this thread.

Blessedwithsunshine · 14/02/2023 09:39

It is a criminal offence (Theft Act 1968) to keep monies knowing there is no entitlement to that money.

I can’t believe I am having to point that out.

A few emails to a random HR address may not be sufficient to prove you have made every effort to return company money.

Not to mention the damage this could potentially do to your working relationship, trust, your references and your career.