Register | Forgotten password?

Home
Resigning
Job Hunting
In Work
Thinking About Quitting
Tools
Community
Shop
 

Still being paid after I have left the job.

 
SSP and employer visits...

Hi all, I would appreciate a touch of advice! 3 months ago I crashed my car and as a result damaged my brain which will take upto a year to get better. I have been on SSP from my employer since it happened. Today I got a letter from them stating that a couple of joeys from the head office were going to visit me in a few days "to see if there is anything they can do". What do they want and can they visit me legally whilst I am on long term sick with a doctors note with a brain injury.

autt1

07/04/2006 13:06:31

Still being paid after I have left the company.

Originally posted by Jimmy43:
I am still getting paid from my old employer even though I left some months ago. I have been travelling and was not aware of it until I returned to the UK and checked my balance. I was wondering whether anyone had any ideas on how I could keep this money? Maybe I could sned in a resignation letter to HR as the comany is pretty large. I do need to get in contact with them to get my p45 before I can get another job. I know I am being a little dodgy, but I could really do with the cash after not working for a while. Ta


hiya

what eventually did you do as i am in a simular situation.

claire

07/08/2006 19:41:37

i found this on a website that may be of interest to you - not sure if you'l find it useful or not

Overpayment – Can I Keep the Payment?

It doesn’t happen very often, but just sometimes, you get overpaid. This can range from being given the wrong change at the shops, too much money being paid into your account from your employer or receiving a pension overpayment. One should never get too excited about this as legally, the person who has mistakenly made the overpayment is entitled to reclaim the sum from you. This is known as restitution. However, although there is the recognised legal right to reclaim overpayments, there also exists the equally well recognised defence commonly known as ‘change of position’.

This defence has been summarised by the courts as follows:

“ where an innocent defendant’s position is so changed that he will suffer an injustice if called upon to repay or to repay in full, the injustice of requiring him so to repay outweighs the injustice of denying the claimant restitution.”

These were the words of Lord Goff in the case of Lipkin Gorman –v- Karpnale decided by the House of Lords in 1991 . The Law Lord went on to say that the defence is available to a person whose position has so changed that it would be inequitable in all the circumstances to require him to make restitution, or alternatively to make restitution in full.

The Court of Appeal had cause to reconsider this defence recently in the case of Commerzbank AG and Price-Jones (“PJ”). Briefly, PJ worked as an investment banker at Commerzbank and the case concerned the payment of two guaranteed bonuses and whether PJ was entitled to one or both of those payments. PJ had claimed that if it weren’t for the prospect of receiving the second bonus he would have sought alternative employment and that this constituted a relevant change of position.

The Court of Appeal dealt with three interesting points as regards the change of position defence.

The first point was the chronology of events and the issue of whether someone could seek to rely on the prospect of a future benefit. In general, the Court of Appeal stated, a relevant change of position was more likely to occur after the receipt of an overpayment which would allow the recipient to spend the money in question. Whereas in this case PJ had argued that his change of position had occurred before the mistaken overpayment of £250,000. The court made clear that the mere reversal of the normal order of events did not affect the availability of the defence. Essentially, this means that when faced with the question of whether it would be unreasonable to require repayment, the person who has been overpaid can submit a defence that he has changed his position in good faith in the expectation of receiving a future benefit. Of course, whether or not this is actually a good defence will depend on the facts in each case.

The second issue dealt with by the court was that of whether there was a requirement for the change of position to be financial in nature. The court acknowledged that the more obvious cases involve a reduction in the assets of the recipient. However, the court saw no reason why the scope of the defence should be restricted and said it could easily apply to incidents where employees had turned down an offer of a better paid job or simply given up work altogether.

Lastly, the issue of whether the change of position was caused by the actual or anticipated payment (“causation”) was addressed. The court noted that PJ could not claim a change of position unless he could show that there was a sufficient causal link between his change of position and the actual or anticipated payment. The court did not apply the principles of causation, but merely said that there should be a relevant connection between the change of position and the actual or anticipated payment.

On the facts the Court of Appeal decided that PJ was not entitled to retain both bonus payments, that there was no obstacle to him repaying the money (as he still had it), that his decision to remain at the bank did not have a significant or substantial adverse impact on him and that there was no relevant causal link between his decision to remain at the bank and the payment of the second bonus promised by the bank.

If you think you’ve received an overpayment or have made an overpayment and want to know how to recover it, then get in contact with our Commercial Litigation department for further help.

Philip Collins Solicitor Lemon & Co Solicitors

gem

08/09/2006 16:32:45

Overpaid on last wage slip

I left my last company on January 1st 2006, The company has just realised that they made a mistake and over paid me by £250 ish and asking for the ammount back. Over 7 months later...

They are threating me with court action to reclaim the money. Do they have any right to the money back?

Any ideas to my next move?

Cheers

Simba

17/09/2006 21:14:05

Still being paid after I have left the company.

Originally posted by Jimmy43:
I am still getting paid from my old employer even though I left some months ago. I have been travelling and was not aware of it until I returned to the UK and checked my balance. I was wondering whether anyone had any ideas on how I could keep this money? Maybe I could sned in a resignation letter to HR as the comany is pretty large. I do need to get in contact with them to get my p45 before I can get another job. I know I am being a little dodgy, but I could really do with the cash after not working for a while. Ta


Hello Jimmy43.

Something very similar to this has happened to me, expect I have not left the company but am on a year sabatical. They have now asked for the moeny back but I thought I would find out if I could keep it.

What happened with your situation in the end?

Thanks

sam

28/10/2006 08:49:18

Still being paid after I have left the company.

Dear All.....

I work in Human Resources and have recently taken advice from my solicitor re: cases where you have been overpaid after leaving the Company.

LETS KEEP THE MONEY

Please pretend that you had no idea that you were overpaid and that most of the money has already been spent (direct debits/ credit cards etc). Another good one is- helping a family member in need!The companies will be sending you threating letters- take you to court etc but DO NOT WORRY! For most of these 'big" companies its waste of time and A LOT of money to do this! They will eventually write it off! Obviously depending on how much money you owe them! But even after a number of many many months you have to go to court and oay back the money- you can do this in small instalments. So think of it as an interest free loan!!!!!!!!!!!!!!!!!!! yey!

And as far as references are concerned- your employer has to be fair and factual therefore they will state the facts in the reference i.e you were overpaid and you refused to pay back. This is something you have to deal with!

Enjoy!

Laydeeblu

23/11/2006 21:58:00

Still being paid after I have left the company.

Originally posted by Laydeeblu:
Dear All.....

I work in Human Resources and have recently taken advice from my solicitor re: cases where you have been overpaid after leaving the Company.

LETS KEEP THE MONEY

Please pretend that you had no idea that you were overpaid and that most of the money has already been spent (direct debits/ credit cards etc). Another good one is- helping a family member in need!The companies will be sending you threating letters- take you to court etc but DO NOT WORRY! For most of these 'big" companies its waste of time and A LOT of money to do this! They will eventually write it off! Obviously depending on how much money you owe them! But even after a number of many many months you have to go to court and oay back the money- you can do this in small instalments. So think of it as an interest free loan!!!!!!!!!!!!!!!!!!! yey!

And as far as references are concerned- your employer has to be fair and factual therefore they will state the facts in the reference i.e you were overpaid and you refused to pay back. This is something you have to deal with!

Enjoy!


They actually wouldn't be allowed to mention it in a reference, as it's illegal to mention anything other than when you worked there and what you did. If a company mention more than this and it costs you a job, you can sue them for loss of earnings and they haven't got a leg to stand on.

And for god's sake, keep the money. Stuff 'em. They can afford it. My girlfriend was overpaid by about £2K last year and they wrote her loads of letters. We just ignored them, and eventually they gave up. No company is going to take you to court for that sort of money, believe me.

Thefist

24/11/2006 13:28:37

Still being paid after I have left the company.

Originally posted by Thefist:


They actually wouldn't be allowed to mention it in a reference, as it's illegal to mention anything other than when you worked there and what you did. If a company mention more than this and it costs you a job, you can sue them for loss of earnings and they haven't got a leg to stand on.

And for god's sake, keep the money. Stuff 'em. They can afford it. My girlfriend was overpaid by about £2K last year and they wrote her loads of letters. We just ignored them, and eventually they gave up. No company is going to take you to court for that sort of money, believe me.


I started working fas a temp for 2 years with various firms, then I got a permanent job with Company X. While I was in training I was attacked in the toilets by an Asian man, and was threatened with death if I returned to Company X. Being an American working in a British company, I was very frightened and contacted security and my supervisor. I left never to return as I feared the threat was real, but the company sent a letter ignoring the attack and saying I left of my own accord.

I threatened them with going to the Police, and Company X HR's department telephoned saying they would look into the matter. I received my wage 6 weeks after leaving by chaps, but prior to the attack accepted employment with a signed contract. I did not receive a P45 and did not resign.

A month passed and I started getting wages from Company X with a basic amount with no hours worked with payslips. I accepted payment after writing to Company X regarding these sums without getting any reply. Seven months later and the wages are still going in to a holding account.

I continued working as a temp thoughout this period, and I do get letters from Company X saying I am still an employee. But if I keep this money any longer it could look like theft as Company X has all the documentation of the incident.

I have not resigned, do I have any claim to this money? Now I stopped working as a temp and have a perm job, I know this money matter needs terminating. Do I resign now and refund the monies or resign and retain the funds for future legal collection if required? The company is guilty of hiding this attack, but they employ many many Asians, and the longer this matter doesn't get resolved or the who attacked me caught, the worse it will be for me. Please advise.

silverway

23/01/2007 13:46:15

Still being paid.....now what?

I resigned from my old company last year. I gave them a months notice which I completed plus I wrote and signed a resignation letter which I handed to my boss. I also filled in a leavers form on my last day which was filed away and I left on good terms on the Friday. I started my new company on the Monday and it's going very well! So what's the problem?

Well since leaving I have recieved two sums of money from my old employer into my account via BACS on the same day as I get get now. Effectively I am recieving two salary's per month (nice) but I am now slightly worried. The very good side in me wants to tell them but the greedy side in me does not; I really need the extra money (don't we all?). I haven't asked for this money and I think I am entitled to keep it. It's not my fault they keep giving it me surely?

Please help, as I want to book a holiday for my family (our first proper one abroad in 4 years!) and I'm tempted to use the money. Should I go for it or will I rue it later? Any response would be great.

knup96

25/01/2007 15:46:49

SSP and employer visits...

Originally posted by autt1:
Hi all, I would appreciate a touch of advice! 3 months ago I crashed my car and as a result damaged my brain which will take upto a year to get better. I have been on SSP from my employer since it happened. Today I got a letter from them stating that a couple of joeys from the head office were going to visit me in a few days "to see if there is anything they can do". What do they want and can they visit me legally whilst I am on long term sick with a doctors note with a brain injury.


Hello autt1. Sorry to hear about your injury, I hope you have a speedy revovery. We had a slightly different case when I was managing a team of engineers a few years back. One of the senior engineers badly damaged his ankle walking over some rough ground and he never fully recovered. He had to wear a special boot to hold his ankle in place all the time so he was not fit enough to complete his duties plus he couldn't drive which was essential in his role. He was off work for nearly 12 months and in that time we visited him at home on several occasions. However these appointments were arranged via telephone and he was fine about it. To be fair on a personal level we were genuinly concerned about his welfare and provided private health care (which he was not entitled too) to make sure he had the best treatment and diagnosis. We needed to know how he was doing personally, what frame of mind he was in and wether he felt he would ever come back to work plus we needed an opinion from a specialist consultant. Thankfully he did come back to work, though on light duties for a long time. He was a valued member of the team so I guess we pulled out all the stops to aid his recovery. All in all DON'T WORRY! Not all bosses are demonic robots with no feelings!! Invite your bosses round for a cup of tea and a slice of cake, they will be probably be genuinly concerned about you. If our guy was never going to be fit enough to return, an exit plan and some re-training would of been offered. Companies these days have to be seen to be doing the right thing anyway; accept the appointment with open arms and perhasps you will see a different side to your bosses!

Good Luck.

knup96

26/01/2007 20:55:49

Confused notice period and gardening leave

I left my employment in November last year and was put on gardening leave directly. As far as I was aware, and my boss was aware i was on one months notice. After a month I duly handed back my car, phone, laptop etc and a week later started at my new employer. After a few weeks I had a call from my previous employer's HR department asking why my car was back. She informed me that actually I was on a 3 month notice period and that I should not have started working for the new company. However the HR department did not stop the second months salary run although they did stop the third. As expected they are asking for the second months salary run back. By rights I guess they should have it back, but then again I handed back my car etc as instructed by my boss after a month when I was entitled to 3 months use. My contract according to them was for 3 months notice but they are only paying me for a month (ok, so I started at the new employer after a month but still). I have checked the contract I do have and there is no mentioned of gardening leave policy. Any ideas or should I just pay back the months salary and have done with it. Technically I would love to argue that they still owe me for my third month of notice but I think that might be pushing it!!

Brett

28/01/2007 19:11:29

I resigned but company is thinking about asking for money back

I recently resigned from my employer after very thorough discussions with my senior mentor with the firm. He seemed to support my decision. The problem is that I signed a contract stating that I had to stay with the company for three years or else I would owe them a very large sum of money. I only was with the company for less than six months. They are considering taking the money back that they already paid me...even though I was a W2 employee and had yet to be to formal training. My senior managers also made verbal agreements as far as training that were not followed through with. I essentially did nothing wrong since I did my job as I was told and did not waste the company's money on sending me to training. Even post employment, I have been very appeasing as far as getting them information that I had collected in regards to the job. I have agreed to sign a non-compete, but have yet to officially sign it. I am afraid they are going to go after the money...not only the money that I have earned up to this point, but also the larger amount...which is quite large! Should I be worried? I live in Texas and have been trying to research the Texas law but my results have not been plentiful. I could really use some good advice.

buck

03/02/2007 01:14:23

Still being paid after I have left the company.

Originally posted by Laydeeblu:
Dear All.....

I work in Human Resources and have recently taken advice from my solicitor re: cases where you have been overpaid after leaving the Company.

LETS KEEP THE MONEY

Please pretend that you had no idea that you were overpaid and that most of the money has already been spent (direct debits/ credit cards etc). Another good one is- helping a family member in need!The companies will be sending you threating letters- take you to court etc but DO NOT WORRY! For most of these 'big" companies its waste of time and A LOT of money to do this! They will eventually write it off! Obviously depending on how much money you owe them! But even after a number of many many months you have to go to court and oay back the money- you can do this in small instalments. So think of it as an interest free loan!!!!!!!!!!!!!!!!!!! yey!

And as far as references are concerned- your employer has to be fair and factual therefore they will state the facts in the reference i.e you were overpaid and you refused to pay back. This is something you have to deal with!

Enjoy!


does this mean that they will definnately sack me as they have overpaid me since october, i havent noticed but they are saying i owe them like a thousand pounds. its a big company, really well known and i know for a fact it has happened to at least three of my friends who also work here. i still want to work here but as it was not my mistake and i did not know i dont see why i should have to pay it back.

alex

08/02/2007 19:20:47

Overpayment due to illness

Hi . I have recently been off work for 7 weeks due to illness for which i have been told i was overpaid. I was off sick from the 10th of the first month and get paid at the end of the month. I recieved my salary slip through the post for the first month and i had been paid for the full month and just thought that they were paying me sick pay. when the second months payslip arrived the final total was £95 debit (i owed them money). When i phoned payroll to query the total they just told me they had not been informed by my superiors that i was absent so they deducted the overpaid amount from my next salary. My main grievance is that i was not informed at any time that i had been overpaid or that they were going to take back the money. This obviously left me in great financial difficulty this month with no way to pay my bills and mortgage ( i could have taken out a loan to cover me had i known in time). I had been working there for 30 months (full time employment)and did not have a contract even after asking for one several times. After returning to work at the end of my "signed off" period they then sent me home for a further 2 days saying i was not insured to work. I was so angry that i felt forced to leave the company and now have another job.(they have since admitted that got this wrong and agreed to pay me for the 2 days)

Do i have any grounds for legal action for unfair treatment and are they allowed to just take back the whole amount without telling me (i am not disputing that i would have had to pay back the money, but as i was unaware of the sickpay rules, due to no contract, i did not know i had been overpaid) Sorry about the lenght of the post but tried to make the point as clear as i could Thanks

vendor

13/03/2007 21:36:52

Still being paid after leaving the job...

My girlfriend left her job 2 months ago for a new one and she has noticed that over the last 2 months they have continued to pay her the wage she was on whilst working there. She has since spent the money but is now concerned what her options are if they realise the error and demand the money back. Is she better off informing them of it now since they haven't realised and offer a monthly re-payment that she can afford or is she entitled to keep the money since it was an error on their side. Since she already has a new job and can obtain a reference through them what would you suggest her options are??

molly

30/03/2007 14:52:46

Royal Navy Keep Paying

Please could someone offer advice.

My boyfriend left the armed forces in January 2007, but is still being paid and his P45 says that employment was ceased at 29 Febuary 2007. Sometimes when people leave the armed forces they get 3 months wage (Re-settlement) but this was never mentioned to him as he was medically discharged. Would he have to pay it all back?

KStud

30/04/2007 11:28:02

Payroll uncooperative- Help!

Hello, I have resigned from company in May last year, serving my monthly notice. I kept getting paid my monthly wages until April this year. I have contacted the company regarding this in June and few times later over the phone and they would not talk to me regarding salary or P 45 because it`s a company policy. I have then sent 4 recorded delivery letters over the period of 6 months to which there was no reply. I had just sent them another letter in March this year, which was sent normal delivery and by miracle the payments had finally stopped. I had requested the company to sent me P45, P60 and also to inform Inland Revenue of what I had been paid, for a tax reasons (I am high rate taxpayer and would nee to pay additional tax on money which isn`t mine). I have also stated that when I receive this I will be paying all the money back. (Total of £11,000 which is in my bank a/c). This was a month ago and since then I had not received any reply, but I assume they got my letter because the payments had stopped and they just sent me P45 today, which says I had earned £0 in period April to May 2005. I am getting rather stressed about the fact I have those money and nobody wants them (apart from Inland Revenue). How long before they can legally claim back? In my contract it states only that any overpayments will be deducted from final salary. Help would be appreciated.

Ms X

06/05/2007 18:23:26

Miskeyed overtime - please help

Hi there,

I miskeyied one of my overtime sheet about 7 months ago leaving myself short by £20 - it was my first time keying in overtime and made numberous mistakes - (including keying 2 hours that i didnt do)as i didnt owe the company any money i decided to correct it at another time. No body has ever brought this to my attention however I am sure that managementWANT to fire me over this. Also about 6 months ago one of my branches gave me a 65 too much in currency - I didnt notice and went on holiday. I gave back however not until 3 months later. (I basically didnt want them to know it was me so I waited until I had money to drop in the money box anyway and drop that in too. I have heard whispers that they think i cant be trusted. Due to personal circumstances i have handed in my notice. IF THEY HAVE NOT BROUGHT THIS TO MY ATTENTION FORMALLY - CAN THEY STILL GIVE ME A BAD REFERENCE?? - please help I wen to my Doctor due to stress as i think they have police following me around - and she is sending to a skrink - help!!

momma

07/05/2007 13:16:18

Miskeyed overtime - please help

Hi there,

I miskeyied one of my overtime sheet about 7 months ago leaving myself short by £20 - it was my first time keying in overtime and made numberous mistakes - (including keying 2 hours that i didnt do)as i didnt owe the company any money i decided to correct it at another time. No body has ever brought this to my attention however I am sure that managementWANT to fire me over this. Also about 6 months ago one of my branches gave me a 65 too much in currency - I didnt notice and went on holiday. I gave back however not until 3 months later. (I basically didnt want them to know it was me so I waited until I had money to drop in the money box anyway and drop that in too. I have heard whispers that they think i cant be trusted. Due to personal circumstances i have handed in my notice. IF THEY HAVE NOT BROUGHT THIS TO MY ATTENTION FORMALLY - CAN THEY STILL GIVE ME A BAD REFERENCE?? - please help I wen to my Doctor due to stress as i think they have police following me around - and she is sending to a skrink - help!!

momma

07/05/2007 14:07:24

Put the money on a cash isa tax beater and when they notice their mistake, you can give them the money back and you have made some money out of it!!!

tathisantana

04/06/2007 18:43:10