ChatterBank1 min ago
Right of employer to retake overpayment?
Recently I was employed to distribute information packs, and then collect and collate the information. I was to recieve two payments, one for the distribution and one for collecting them. However, after the first part of the job I was dismissed (On pretty flimsy grounds, though that's an aside) I recieved my first payment correctly, and I was replaced with a reserve.
However, a few days ago I recieved the second payment. I think what has happened is that they forgot to remove me from the automated pay in system. They haven't contacted me about this so far.
My question is, is there a time limit for the employer to legally re-take the funds? I didn't enter a contract for the job, does this change anything?
I'd appreciate only answers concerned with the legal aspect of this, rather than the moral aspect. I'm not too bothered about the latter as they aren't exactly a small struggling company.
However, a few days ago I recieved the second payment. I think what has happened is that they forgot to remove me from the automated pay in system. They haven't contacted me about this so far.
My question is, is there a time limit for the employer to legally re-take the funds? I didn't enter a contract for the job, does this change anything?
I'd appreciate only answers concerned with the legal aspect of this, rather than the moral aspect. I'm not too bothered about the latter as they aren't exactly a small struggling company.
Answers
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The short answer is no, there is no time limit. if you have been overpaid they can demand the money back at any time. By accepting the offer of employment you had a verbal contract, though not necessarily a written one, but his makes no difference. You can either send the money back or hold on to it till they come calling.
01:37 Thu 28th Apr 2011
The short answer is no, there is no time limit. if you have been overpaid they can demand the money back at any time. By accepting the offer of employment you had a verbal contract, though not necessarily a written one, but his makes no difference. You can either send the money back or hold on to it till they come calling.
Thanks for the answer mike, and I appreciate you not mouthing off about the moral aspect.
Pink-kittens I don't think a multi billion pound company is any immediate danger. Also great job on taking the moral high ground and then immediately saying you'd do the same thing to a person who'd actually miss the money.
Pink-kittens I don't think a multi billion pound company is any immediate danger. Also great job on taking the moral high ground and then immediately saying you'd do the same thing to a person who'd actually miss the money.
" I don't think a multi billion pound company is any immediate danger"
You're right but you will be if you don't pay it back. It's very easy to do that - pick up the phone and let them know. You do have a contract be it signed or verbal, you yourself say you were 'employed to'
As for anyone taking the moral high ground? Well, OP, you fell off it when you asked if you could keep it so you actually do not have any right to judge anyone else
You're right but you will be if you don't pay it back. It's very easy to do that - pick up the phone and let them know. You do have a contract be it signed or verbal, you yourself say you were 'employed to'
As for anyone taking the moral high ground? Well, OP, you fell off it when you asked if you could keep it so you actually do not have any right to judge anyone else
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