Been overpaid

Tbid · 4 Feb 2012 at 15:09

So I left my old job at the end of september last year, I handed in a notice spoke with the Manager and he said that's fine thanks see you whenever..

Near christmas I recieved a call from the HR department saying 'why haven't you been at work for almost 3 months?' I told them that I handed in my notice and cleared it with the manager. They said they had no record of this and asked me to resubmit the letter, I didn't.

About 2 weeks after this I got a letter saying 'oh sorry, we've found your letter.'

On the 25th of January I got my p45 through and a Letter saying I've been overpaid and they want there money back (it's around £100).
I'm pretty sure I haven't.

What are the rules regarding this? and the fact that they've taken almost 4 months to notice surely doesn't help there case..?

Jokester · 4 Feb 2012 at 15:12

If you have been overpaid and you don't pay it back, they can take you to the small claims court to reclaim it.

Wizzfizz · 4 Feb 2012 at 15:12

If you've been overpaid, then the money isn't yours, you should pay it back and move on. Ask them to prove the over payment, if they haven't already.

Tbid · 4 Feb 2012 at 15:13

I forgot to add, the overpayment is in dispute also.

Regy53 · 4 Feb 2012 at 15:15

legally if you have been overpaid you should give it back.

if they took you to court you would be made to give it back, however for the amount I would be very suprised

regards
Ross

Jokester · 4 Feb 2012 at 15:16

Tbid said:
I forgot to add, the overpayment is in dispute also.

What's the reason for disputing it?

Speed · 4 Feb 2012 at 15:17

Pretty sure? You need to sit down with your wage slips/P45 and work it out properly.

Orion21 · 4 Feb 2012 at 15:35

Speed said:
Pretty sure? You need to sit down with your wage slips/P45 and work it out properly.

Why should he bother, it is the employer's problem and they should be the one to demonstrate the overpayment. I wouldn't be wasting my own time on such a matter.

However if you know that you have been overpaid and are just trying to get away with it, you should just be honest and pay it.

Speed · 4 Feb 2012 at 15:39

Orion21 said:
Why should he bother, it is the employer's problem and they should be the one to demonstrate the overpayment. I wouldn't be wasting my own time on such a matter.

However if you know that you have been overpaid and are just trying to get away with it, you should just be honest and pay it.

It is a five minute job if that and could avoid a lot of issues with court claims and such in the future, so he should spend the time. IF he has been overpaid it is a simple case of returning the money to the company. Time spent now is time saved later imho, this could easily drag on for years unless he is proactive now.

lolism · 4 Feb 2012 at 15:50

Could be a case that you've exceeded your holiday allowance and as you left and they did not know, they may not have deducted in your final payment.

Izi · 4 Feb 2012 at 15:52

"I owe someone £100 should I give it back?"

wannabedamned · 4 Feb 2012 at 15:55

lolism said:
Could be a case that you've exceeded your holiday allowance and as you left and they did not know, they may not have deducted in your final payment.

I was going to suggest this. At my place of work the amount of holidays you get is related to how long you've worked. I think its something like 2 and a half weeks is 1 days holiday. there's also a system in place that if you work a bank holiday, You get a day in Lou.(Giggidity)

So if there's any system in place like that where you're working, And you've taken holidays. it could be something to do with that.

Dunks · 4 Feb 2012 at 16:07

wannabedamned said:
you get a day in Lou.(Giggidity)

lieu

Not so giggidity

mattyfez · 4 Feb 2012 at 17:22

The burden of proof is on the company. I wouldn't bother lifting a finger.

Makhaira · 4 Feb 2012 at 17:33

Inform the company that you are happy to return it IF they demonstrate it is genuine overpay. The key is to be receptive to their argument, since if they're right, then they have every right to get it back. If they're wrong, then they'll have to correct their paperwork!

Tom0 · 4 Feb 2012 at 17:38

If it was me I wouldn't bother doing anything. Cry about the money all the wished they have to prove it, and seeing as they can't even find a letter of notice after 3 months I expect their accounts are like spaghetti too.

crinkleshoes · 4 Feb 2012 at 17:53

Wizzfizz said:
If you've been overpaid, then the money isn't yours, you should pay it back and move on. Ask them to prove the over payment, if they haven't already.

Actually - if you spend it "in good faith", believing it was yours... they can't claim it back.

eXist · 4 Feb 2012 at 18:22

crinkleshoes said:
Actually - if you spend it "in good faith", believing it was yours... they can't claim it back.

source?

Rroff · 4 Feb 2012 at 18:32

crinkleshoes said:
Actually - if you spend it "in good faith", believing it was yours... they can't claim it back.

Its not as simple as that, if you've spent it in good faith they can't claw it back from your paycheck, but they have the right to negotiate repayment with you as an employee - usually the agreement would be to be paid less next month... if your no longer an employee they can use small claims and/or a debt collection agency to reclaim it.

TJM · 4 Feb 2012 at 18:39

It's only £100. Give it back rather than go through any court nonsense and totally sour your relations with your previous employer.