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Still being paid after I have left the job.

 
Being paid after not working for 4 months

Hey peeps, I went on gardening leave 4 months ago with a view to being paid until before Xmas. However they forgot to not only not send a P45 but not even give me an official written or even verbal notice lol. I am still being paid and wonder if in my situation the law is more clear that I am entitled to keep the money. Afterall, i have not been told officially that i am not working for them!!

cheekymonkey69

10/02/2008 18:54:06

The short answer is yes, you owe them the money, and you will need to pay it back. I would be very surprised if a company was happy to forget about £9k worth of overpayments.

See the posts below for details.

monkey steve

31/01/2008 11:05:27

Been paid for 5 months since leaving

Hi All.

I left my job in October and have been paid every month since (full salary)

I didnt notice this as I changed bank accounts and this was going into my old account where my mortgage goes out of and it has all been swallowed up by it.

I recently recieved a letter from the company saying that they have realised and they want to get the money back.

It works out to be around 9k in total and I was wondering if I legaly have to give it back?

Any advice would be great - thanks in advance!

kazzie1980

31/01/2008 10:36:01

What about for £7k would it be worth their while then?

Cackolate

28/01/2008 12:05:49

thank you very much. Merry Xmas!

thanks

mattknowles85

21/12/2007 20:13:19

Don't panic!!

First the basics - you owe your former employer the money. If it wasn't due to you then it doesn't matter who's fault it was that you got the money, it's not yours.

However, the process for reclaiming it if you refuse to pay isn't one that's very attractive to the employer - they would need to pursue you through the Courts to establish that you do owe them the money.

The general rule of thumb that Payroll Dept's will use is to write and ask for the money once politely, then write threatening legal action, and if there's still no response, make a decision based on the amount of money concerned! If it's a few quid, they won't bother. If it's a few hundred or a couple of thousand, they will probably take things further. But don't quote me on this - it will vary from company to company, so I can't say with any certainty that they are being threatening to try and scare you into paying them money that they won't otherwise pursue you for - they might have a policy of never giving up even if it's a fiver that you owe them!

I think your offer to make monthly payments is reasonable, and I would suggest that you stick to this and send them the money, even if they do not agree to your proposal. If it gets as far as the courts, it will certainly count in your favour that you have been making repayments, and I suspect that in the face of you sending them some, but not all the money, the company will most likely accept your offer.

monkey steve

21/12/2007 16:50:38

left work, was paid what i though was holiday entitlement, being threatened with court...help

I have recently left work. they paid me one months salary extra after i left.

I believed it was holiday entitlement as i was in discussion with Head office about this a few weeks earlier.

I recieved a letter demanding the money repaid and they are not willing to accept an offer of very reasonable monthly fee. As it is chrsitmas i am unable to repay the full amount and therefore dont know what to do? am i liable for their mistake. Please help, i am losing my mind and the best time of the year!!

matt k

mattknowles85

21/12/2007 16:26:00

Over payment of just over a week, and a letter asking for the overpayment back

Can anyone please help me? I left a large company on the 13th July, and been working at my new company for over a month now. I still hadn't received my P45 so rang them up to see where it was. Turned out they didn't know I had left, and that I had been over payed. (I left on 3 weeks notice instead of 4 as I had to start my new job in 3 weeks, which would have been a weeks over payment and 2 days holiday which I also had to take out of that. Bearing in mind that I asked my boss if they would just take the 2 holidays out that I owed them and he said yes, i would probably get a full month wage. Anyway, if I did owe them all this money, it still doesn't work out right? The letter doesn't state when I need to pay this back or anything, and as I thought I was going to get practicully a full wage anyway, I didn't think anything of it, and consequently spent the money. If I was to pay this back I would be skint and can not afford to pay it. They said they can't send the p45 until they have recieved the amount. At work I have signed the P60, will this help the tax situation? Also, do I have to have a P45? Im stuck as i really can't afford to pay it back plus it was their error not mine. What can I do? Do I have to pay this money back? I have not acknoledged the letter? Help! Karen

kazzer749

23/08/2007 22:29:21

Employer withholding wages

Hi, I did 8 days temporary work at a hotel, The work was given to me by an agency but the Hotel were paying me direct. The work was to be for 2 weeks but I left without giving any notice due to a family crisis. The Hotel manager is now saying they are not going to pay me for my work as I gave no leaving notice. I had no contract & had signed nothing, as I understand it if doing temporary work you can leave without giving notice & the employer has to pay the wages by law. Is this correct & can they withhold the pay

markpg28

10/08/2007 17:24:06

You pretty much HAVE to pay the money back, despite it being their fault, im currently in the same position now. However you have full right to pay it back in monthly installments usually 6 months maximum. Also you can argue in court that paying back the money, be it whole or in installments will put you in a worse financial position than if you had not received the money in the first place - which may extend the installment period or possibly help waiver the debt (unlikely). Try to seek some free advice but from what I've researched and what I was offered is that you are entitled to pay it back monthly.

juggla800

29/07/2007 21:51:06

Overpaid by work

A few months ago, I was paid my yearly bonus from work early and they paid it me again the next month. I didn't realize that it was from work as I had applied for a loan at the same time and was accepted. I only found out I had been paid twice when I received a letter from work about 2.5 weeks later asking for a cheque for the overpaid amount. I had already spent the money and when I got this letter I panicked as i didn't know what to do. The loan since has fallen though for some reason.. they said I had it, then I didn't!? :S So I went to my boss at work who seemed really relaxed and cool and said it had happened before and that he would be able to sort it out. He then comes back to me and says it needs to be paid within the financial year so they will be taking £135 out of my wage and then £600 of my X-mas bonus to clear this. I told him I couldn't afford these payments and it leaves me worse off than before my pay rise. His response was well I have had the money, spent it and so now I have to repay it and the repay amount was not up for discussion. They are planning to take all my recent pay rise plus my old wage to cover this. My boss said he may be able to help me draw some of my next summer bonus each month so it will not hit me as hard as what it will do, but to do this he had to contact his boss, and overall manager. My bosses boss then came back and said I had to get a loan as he wants it all paying right NOW and made out as though I had stolen it. My argument was that I didn't decide to give £1200 extra to myself and it was who ever issues payrolls mistake. I realize I am partly to blame as I have spent it and not argued about the fact that I do need to pay it back. but I didn't realize what the money was as I get my bank statements are monthly. My question and worry is, can they just take whatever they want out my wages? if they take this money they will leave me unable to pay my bills. I already stated to him that I can't afford it as all of my wages are allocated to bills. Could I just be better off getting a new job and sending cheques in the post for an amount I can afford every month? Or does anybody know of any other rights I unaware off as I don't know where I stand.

Many thanks for your advice.

Gremmers

25/07/2007 00:20:29

I've been on a career break + my company is still paying me!!

I've been on a career break for about 8 months and during all of this time, my company has mistakenly paid me my full salary.

I've not notified them and am hoping to keep quiet in case they forget.

Should I be honest and let them know, or continue to keep quiet and enjoy the money?

If they do find out, will I have to pay it all back? After all, it is their mistake......

MrNigelM

13/07/2007 11:04:11

Still being paid After Leaving

I left work back in March after giving a months notice. I am still receiving my wage into my bank account after 5 months. After the first payment went in I contacted my employer and informed him of the overpayment and he said he would sort it and obviously they would be wanting the monies back. The following month I got paid again so once again I phoned to inform him. I have telephoned him on 3 occasions and yet I still keep being paid. I have saved half of it but as I am unemployed now as I'm due to have a baby I have managed to spend half of it which I will struggle to pay back. I obviously didn't want this, which is why I contacted them as soon as I realised but still 5 months on I'm being paid! When I left I was also going to be receiving a hefty tax rebate as I worked there for 2 years on an emergency tax code but I'm unable to get this back as I have not received my P45. Has anyone any ideas and will I have to pay back all the money as I have informed them a number of times.

Cackolate

12/07/2007 14:56:40

I've done some research into this since my last post underneath. Im in the same position as you, i was left on the payroll etc. Unfortunately yes they can and probably will take you to court. I contacted several solicitors and it turns out they have full right to demand the money back. You have very little in the way of defense, apparently you can appeal that the paying back the money will put you in a worse position then you would be if they hadn't paid you, and if you can prove that you truthfully had no idea you were being paid the money can help the appeal.

I find it extremely unfair as its not really our problem if they overpay us, but I made the mistake of spending all my money, so if you havent, I suggest you pay it back and be done with it.

Im still havent paid it back yet as I can't afford to so im waiting till I really get a demand from them!

If it helps you have full right to pay the amount back in installments, but that could be a maximum of six months.

juggla800

02/07/2007 16:24:47

Left the job and have just been paid 3 months after i have left!

I left a job three months ago, i was pressured to do so because i am going travelling later this year, i decided not to take it any further as i was starting a new job and did not want to deal with the hassle, needless to say i am not on good terms with my previous employer. I left the job three months ago but today i was contacted by someone in the accounts department to tell me they had accidently paid me just over nine hundred pounds and wanted it back! i told them that i did not want to have to deal with this and was angry that they still had me as live on their payroll which they should have dealt with when i left. I do not want to give this back as i am very angry at them and feel it is compensation due for the way i was treated, will they take me to court?

Nixie9000

02/07/2007 13:45:27

Another overpaid after I left situation!

Hi, I recentley left my last job at a major company in March but have since been overpaid for two months, I was unware until recently, I was being overpaid although I have however (somehow) spent the majority of the money.

Today I recieived a letter asking for the money back from the old company, however I left to start my own business and as such am not bringing in much in the terms of profit.

By old boss says its the fault of two certain people who I have the name of, as I did hand in my resignation they obviously did not carry over the required information to Pay Roll.

I can not afford to pay the money back and would have to seek an overdraft/loan in order to do so. The letter also does not demand the money back and doesn't give me a due by date. It rather seems like a "shot in the dark" from the said company trying to reclaim the money by asking.

If I were to ignore the letter would they take further action and have grounds too?

Thanks in advance.

juggla800

25/06/2007 16:39:06

Garden Leave and Notice

About 3 weeks ago my employers found out i was leaving and we verbally agreed i would leave this Friday and give the standard 2 weeks notice and go on garden leave from this friday so i would formally hand in my notice this friday-however today they have declared i have to come in to work those two weeks now, what is my situation?

Can i still be paid after handing my notice in and not turning up for the two weeks or am i at a loss money wise?

please advise?

Thanks!

tootyfruity

25/06/2007 13:07:14

Are you sure?

Wont a P46 be ok. I've had times in the past where a p45 hasn't been sent and was taken on with a p46 and it all worked out fine

lisamills

08/06/2007 15:37:25

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

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