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By (user no longer on site)
over a year ago
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I think my response (rightly or wrongly) would depend on by how much I had been overpaid by and how efficient the payroll department generally are.
If it was more than I could afford to lose out of a later pay packet, I would probably own up.
I know employers aren't supposed to make deductions from peoples pay without consent, but some will ! |
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By (user no longer on site)
over a year ago
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"It's only a couple of hundred so maybe it might be worth a chance?"
I will stand by my answer, it could be classed a money received through deception.
You know the amount you are supposed to receive, you know you have been overpaid.
The repercussions are not worth it. |
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"It's only a couple of hundred so maybe it might be worth a chance?
I will stand by my answer, it could be classed a money received through deception.
You know the amount you are supposed to receive, you know you have been overpaid.
The repercussions are not worth it. "
This is and the good persons previous comment is completely correct.
I would agree its highly unlikely it will never come to light, but may not be for another 6-12 months depending when they do their accounts.
Ta
D |
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By (user no longer on site)
over a year ago
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you sure its not money owed you
i had this once and when i questioned it i was told it was over time i was unpaid from a few months back, i didnt notice at the time i hadnt been paid it so wasnt expecting any money back off them |
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Have you been overpaid into your account or through your payslip? If it is just into your account it is legitimately yours to keep as it is their mistake.
You can always say that you do not check your account, someone else has access to it or direct debits have been taken etc and so how can you be expected to pay it back? As far as you are concerned there was no overpayment... just a few thoughts   |
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By (user no longer on site)
over a year ago
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"If caught I could always say that I had an unauthorised overdraft and it got eaten by that. Offer to pay back £20 a week? "
They are not legally obliged to accept your offer, as you have (if it's correct you have been overpaid as NN says might be legit) deceitfully witheld monies you are not entitled to and not queried with your payroll dept the overpayment.
They are entitled and will take the full amount if you are not forthcoming.
This is also may jeopardise your job and therefore any further wages you may receive, eg none if they find ground to dismissal.
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"Have you been overpaid into your account or through your payslip? If it is just into your account it is legitimately yours to keep as it is their mistake.
You can always say that you do not check your account, someone else has access to it or direct debits have been taken etc and so how can you be expected to pay it back? As far as you are concerned there was no overpayment... just a few thoughts "
I checked my online banking and it's definitely in my account. Looked at a full statement for the last 7 days and it isn't a refund or paypal sale. |
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By (user no longer on site)
over a year ago
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"Have you been overpaid into your account or through your payslip? If it is just into your account it is legitimately yours to keep as it is their mistake.
You can always say that you do not check your account, someone else has access to it or direct debits have been taken etc and so how can you be expected to pay it back? As far as you are concerned there was no overpayment... just a few thoughts "
Absolutely not true. All payroll transactions paid into a bank a/c are recorded, whether he has received a payslip or not.
The only way were this "slip" up may go below the radar is a cash in hand job, of which the tax man would be his next issue.
They can and will recover any monies over paid.
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By (user no longer on site)
over a year ago
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"Before u spend it check yr conditions of empliyment; it may contain clause entitling them to withhold said amount from next payment
"
No clause will exist, it is the legal right of any employer to recover monies overpaid. |
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I'm not a dishonest person, even though I buy and sell used cars as a hobby I'd never knowingly rip someone off. My wages come via a third party, my accountant, so the error could actually be down to one of several people in the chain. |
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By (user no longer on site)
over a year ago
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Good point raised earlier about yr payslip... If they have over paid via wrong hours then if they seek to recover then be sure they account for Tax & NI you'll have paid if u are PAYE |
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By (user no longer on site)
over a year ago
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"I'm not a dishonest person, even though I buy and sell used cars as a hobby I'd never knowingly rip someone off. My wages come via a third party, my accountant, so the error could actually be down to one of several people in the chain. "
In which case contact your accountant asap.
Your accountant will not cover this up for you either as it is not worth their certification, unless they are dodgy, but there are very few of those these days |
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By (user no longer on site)
over a year ago
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"
There is no deception on your part wages change monthly dude to calendar months! Its there mistake not yours but they are entitled to ask for it back I had to ask the same from an employee "
There is deception if the OP knowingly spends the overpayment, without bringing it to the attention of his accountant or employer.
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By (user no longer on site)
over a year ago
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"What hurts is that I was underpaid a couple of months ago and it took three weeks for them to put it right. I doubt that they'd offer me the same leniency over this overpayment. "
Yes unfortunately is not always the case, but I can't advise you strongly enough to on Monday raise the overpayment and go from there.
If it is yours, and your are legitimately entitled to said money, you will feel great and have a much better time spending it, rather than the worry of being caught! |
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By (user no longer on site)
over a year ago
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"What hurts is that I was underpaid a couple of months ago and it took three weeks for them to put it right. I doubt that they'd offer me the same leniency over this overpayment. "
Nothing to stop you making them wait, just tell them and don't keep it. They can automatically take it back direct from your account but only have 3 days with which to do so.
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By (user no longer on site)
over a year ago
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"2 mins of banking time left for them to claw it back according to my bank, after that they have to ask me nicely to repay it..."
Trouble is they do not have to ask nicely, and you therefore are as I have pointed out may also jeopardise your future employment. |
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"2 mins of banking time left for them to claw it back according to my bank, after that they have to ask me nicely to repay it...
Trouble is they do not have to ask nicely, and you therefore are as I have pointed out may also jeopardise your future employment."
I wish we had politicians as honest as you! I work through several agencies and some are better than others, the agency I was working via are a great bunch of people who try hard to keep me busy and the owner if a friend who happily rings me up for a chat about my old Porsche 928 on a Sunday afternoon. The company I was contracted to treat me like a regular and always ask for me by name. My accountants are generally ok and charge a reasonable fee without taking the pi$$ and are always helpful. I really don't want to fall out with any of them to be honest. |
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Yes it IS legitimately theirs if it has been paid into their account without their knowledge or consent.
This is because they may have some sort of lien on their bank account which may take that money immediately and so as they have not asked for it and did not expect to receive it and also potentially did not even know about it as it is not on the payslip, it is classed in law as a gift and is theirs to keep / spend. I know because I have had it done to me several times in different companies and I have worked in several banks!
A moral right to keep the money is another matter and is entirely your choice; it may affect your job as your employer may be potentially unhappy with you but can always claim ignorance and offer to pay back X amount per week / month...they do not have to accept this but there is a saying about blood and stones I believe? |
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By (user no longer on site)
over a year ago
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"2 mins of banking time left for them to claw it back according to my bank, after that they have to ask me nicely to repay it...
Trouble is they do not have to ask nicely, and you therefore are as I have pointed out may also jeopardise your future employment.
I wish we had politicians as honest as you! I work through several agencies and some are better than others, the agency I was working via are a great bunch of people who try hard to keep me busy and the owner if a friend who happily rings me up for a chat about my old Porsche 928 on a Sunday afternoon. The company I was contracted to treat me like a regular and always ask for me by name. My accountants are generally ok and charge a reasonable fee without taking the pi$$ and are always helpful. I really don't want to fall out with any of them to be honest. "
Without disclosing my occupation, and no not an MP I have worked for a number of years in this "field", I would suggest to you, that you use an umbrella company to make the most of the benefits entitled to you.
If you want to know further information, please feel free to message me. |
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By (user no longer on site)
over a year ago
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"Yes it IS legitimately theirs if it has been paid into their account without their knowledge or consent.
This is because they may have some sort of lien on their bank account which may take that money immediately and so as they have not asked for it and did not expect to receive it and also potentially did not even know about it as it is not on the payslip, it is classed in law as a gift and is theirs to keep / spend. I know because I have had it done to me several times in different companies and I have worked in several banks!
A moral right to keep the money is another matter and is entirely your choice; it may affect your job as your employer may be potentially unhappy with you but can always claim ignorance and offer to pay back X amount per week / month...they do not have to accept this but there is a saying about blood and stones I believe? "
I do not wish to argue, and my knowledge in this matter is expansive, it is not and never will be legitimately the OP's money.
The OP has knowingly received monies of which he immediately has identified and he is not entitled to without just cause, that is the minute he will if he a/tries to lie or b/ tries to spend it of which the burden of proof lies with the OP not the employer and thus he will and is liable to the overpayment.
Please see below, this is employment law, fact.
"The employer is entitled to recover the overpayment, subject to estoppel - the principle that if two parties proceed on the basis of an assumption, where that assumption proves to be incorrect, neither party can go back on it without there being potential damages. Where an employer overpays an employee by mistake the courts will normally bar recovery if the employer led the employee to believe that she is entitled to treat the money as her own, not reasonably expect her to notice overpayment, that the employee has spent the money in good faith and the overpayment was not caused primarily by the fault of the employee".
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'that the employee has spent the money in good faith and the overpayment was not caused primarily by the fault of the employee'
...I don't wish to argue either but this is the bit why it IS the OP's money...They don't HAVE to admit that they were aware of the extra money in the account. There is no way of proving that they checked and the burden of proof is always on the accuser and not the accused. |
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By (user no longer on site)
over a year ago
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"'that the employee has spent the money in good faith and the overpayment was not caused primarily by the fault of the employee'
...I don't wish to argue either but this is the bit why it IS the OP's money...They don't HAVE to admit that they were aware of the extra money in the account. There is no way of proving that they checked and the burden of proof is always on the accuser and not the accused. "
I wish you well, and I have advised the OP on here and elsewhere of my advice, I am not going to continue this conversation further here as it not a straight payment.
Also it's Friday night and I stopped working 4 hours ago
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"'I wish you well, and I have advised the OP on here and elsewhere of my advice, I am not going to continue this conversation further here as it not a straight payment.
Also it's Friday night and I stopped working 4 hours ago
"
You too hun, I hope you enjoy your evening |
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By (user no longer on site)
over a year ago
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If hive been overpaid money that you haven't earnt then it is not yours! You wouldn't walk out if an office with a computer under your arm and say " well it was just sitting there" would you??? |
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By (user no longer on site)
over a year ago
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I would always own up in relation to discrpancies in my wage slips, whether I'd been under or overpaid.
These things are always audited and its just not worth it. Its not worth the worry and the waiting to see when they recover this and by not saying anything and knowingly keeping it, they will know you aren't always honest. Not worth a night out for really is it?  |
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By (user no longer on site)
over a year ago
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Come clean and tell them, I got overpaid tax credits after I put a wrong figure on my claim form, will be paying it back until around 2015, I should have rang them and said but didn't, I pay £80 pm for my stupidity so I have learnt my lesson the hard way  will never do it again. I even ring the council tax department to find out why they have sent me a cheque, luckily its because I have overpaid but not risking spending it only to have another debt to pay off |
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By (user no longer on site)
over a year ago
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Moral dilemma...........techicnically and contractually the money is not yours. Your employer would have sent the tax and NI to the exchequer. So do you keep it and get found out (and have to pay it back) or offer the mis payment to your employer and be noted as a trust worthy person who can be relied upon and who may get lots of brownie points. Difficult! |
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