Accidental payment into my bank account by former employer

[planetemma]

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!

[beanebabe]

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!

[Ethel]

Yes, you are legally obliged to repay the money and it would be fair of them to ask for it within 14 days or a month.

If you don't repay it they will probably pursue it, so if you don't have the money now, contact them as soon as possible to sort out a repayment schedule

[BillySugger]

Sod that ! Take the money ,change your name by deed poll & leave the country !

[planetemma]

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.

[Oneeyedvic]

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

[Nhozu]

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.

[planetemma]

Everyone, thanks very much for your answers!

[LAW_DROP-OUT]

return all the money , except 5 per cent , for handling tarrif ..... see what there reply, its chheeky , in fact dont do that , otherwise the local constabulary.... may come a knocking ...

[thugulike]

Return the money, you may still need a reference.

[LottiePotty]

Hi. Am new on here and found your question on google. What happened in the end? Did you find out if you had to pay back by law??????? And did you???