Crosswords0 min ago
Accidental payment into my bank account by former employer
14 Answers
I was made redundant a while ago, and I received all compensation payments from my employer as agreed in my compromise agreement, and I thought everything had been sorted.
However, exactly a month later form the pay date of my termination payment, my former employer made another payment into my bank account, the amount being the same as the termination payment in my agreement. So essentially they paid me my termination payment TWICE. I also received a payslip sort of document with these details from my employer on the date of payment but thought nothing of it. I thought the paper was for the payment they made to me two months earlier.
They noticed their mistake and wrote to me saying they would be greatful if I could transfer the money back, giving me a deadline.
Am I legally obliged to pay it back to them at all? Under what law am I obliged to do so or not? And can they give me a deadline for this? It was stressful enough dealing with the redundancy and the negotiations and now they are bothering me again when I had thought I had it all behind me.
Thanks for taking your time to respond to this!
However, exactly a month later form the pay date of my termination payment, my former employer made another payment into my bank account, the amount being the same as the termination payment in my agreement. So essentially they paid me my termination payment TWICE. I also received a payslip sort of document with these details from my employer on the date of payment but thought nothing of it. I thought the paper was for the payment they made to me two months earlier.
They noticed their mistake and wrote to me saying they would be greatful if I could transfer the money back, giving me a deadline.
Am I legally obliged to pay it back to them at all? Under what law am I obliged to do so or not? And can they give me a deadline for this? It was stressful enough dealing with the redundancy and the negotiations and now they are bothering me again when I had thought I had it all behind me.
Thanks for taking your time to respond to this!
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Give the money back! I know the extra would probably come in very handy but they could afford to pay for lawyers if it got nasty whereas you probably can't. It's one more stressful situation you could do without. My mantra is alway 'honesty is the best policy'. You never know when things are going to turn around and bite you on the bum!
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Thanks for your answers. beanebabe, yes I had the same thoughts, and Tetjam I am a very honest law-abiding citizen if you choose to believe it or not. But you don't know how my former employer treated me so please keep your judgement of my allegedly thievish personality to yourself.
All I want to know is my rights and the law in this case, no sympathy or anyhing else.
Ethel, thank you for your comment. I also think 2-4 weeks should be a fair period for repayment. Can I read that legal obligation somewhere?
Thank you.
All I want to know is my rights and the law in this case, no sympathy or anyhing else.
Ethel, thank you for your comment. I also think 2-4 weeks should be a fair period for repayment. Can I read that legal obligation somewhere?
Thank you.
Can I read that legal obligation somewhere? </>
Section 1 of the Theft Act 1968
See Chris's answer here:
http://www.theanswerbank.co.uk/Law/Civil/Quest ion521424.html
Section 1 of the Theft Act 1968
See Chris's answer here:
http://www.theanswerbank.co.uk/Law/Civil/Quest ion521424.html
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AG Ref 1 (1983). Basically a policewoman was overpaid, and was found guilty of theft as she did not make an effort to return the money.
You have a reasonable time to return it (2weeks on the high end of the scale in your circumstance: being that you just have to go to the bank or even just do it online) (Broom v Crowther (1984))
You will almost certainly be found guilty of s1 TA 1968. Unless you have a defence under s2(1), which is unlikely.
You have a reasonable time to return it (2weeks on the high end of the scale in your circumstance: being that you just have to go to the bank or even just do it online) (Broom v Crowther (1984))
You will almost certainly be found guilty of s1 TA 1968. Unless you have a defence under s2(1), which is unlikely.
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