Body & Soul4 mins ago
extra money in my payslip
for the last 2 months ive been paid too much money £900 last month and £700 this month - Im not going to say anything to my manager as i work for a large international company and i dont think he'l ever find out . However - if this mistake does come to light will i be forced to repay the money back straight away ??? ive been told that if it goes unoticed for 12 months or more then i dont have to pay the money back - is this true ??? thanks
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For more on marking an answer as the "Best Answer", please visit our FAQ.This has happened to me and I honestly didnt notice the overpay, I was working for a huge company and they noticed within 2 months and they took the entire amount from my next wage slip. Leaving me with not alot to live on that month. I would admit the overpay because I am pretty certain they will notice sooner or later.
It's stealing, whether it's a mistake on their part or not. You know it's not yours, you have to tell them. Your manager probably won't know (although if it's anything like where I work, he gets a monthly budget statement) but he wouldn't know if you were due a tax refund or something like that which could have upped your money. Don't forget you've paid income tax and NI contributions on the additional money, you'll get that part of it adjusted when the money's taken back. Come clean. It might be money which is due legitimately to someone else, say with a similar name to you - it'll come to light then you'll look bad for not owning up at the time.
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It will crop up shortly and it should be noticed when the extra tax you paid on those two months due to the massive increase in salary will result in a tax refund in your next or next but one pay, at that time, the payroll clerk will need to double check the refund is valid and it will come to light,
This happened to me several times in the years I worked for British Coal and they always reclaimed it. By admitting to it you can negotiate have it repaid monthly at a sum you can afford instead of having them reclaim it in one lump leaving you with nothing for a month. Also as Androcles says if you don't admit it you are leaving youself open to charges of defrauding your employer in which case you may not only lose your job but also face criminal charges
Point 1: Subject to certain conditions, a creditor can't take legal action to enforce payment of a debt after a period of 6 years (not 12 months) has elapsed. However the debt isn't wiped out; the money is still owed and the creditor can still pursue the debtor for payment:
http://www.payplan.co...mitation-act-1980.php
Point 2: An employment tribunal would almost certainly rule that failing to return money (paid in error) to an employer constitutes 'gross misconduct', making it a valid ground for immediate dismissal.
Point 3: The employer can demand IMMEDIATE repayment of the money. The employer MIGHT agree to the amount being repaid over a period of time but is under no obligation to do so. (If full payment, upon demand, wasn't forthcoming, the employer could seek a county court judgement against the employee, which would effectively bar him from obtaining any credit).
Point 4: Debt is normally only a civil matter but criminal law is also relevant here.The Theft Act 1968 states: "Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds."
The Act also makes it clear that 'property' includes money and that the 'intention to deprive', referred to above, constitutes grounds for a charge of theft. The maximum penalty is 7 years imprisonment.
Chris
http://www.payplan.co...mitation-act-1980.php
Point 2: An employment tribunal would almost certainly rule that failing to return money (paid in error) to an employer constitutes 'gross misconduct', making it a valid ground for immediate dismissal.
Point 3: The employer can demand IMMEDIATE repayment of the money. The employer MIGHT agree to the amount being repaid over a period of time but is under no obligation to do so. (If full payment, upon demand, wasn't forthcoming, the employer could seek a county court judgement against the employee, which would effectively bar him from obtaining any credit).
Point 4: Debt is normally only a civil matter but criminal law is also relevant here.The Theft Act 1968 states: "Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds."
The Act also makes it clear that 'property' includes money and that the 'intention to deprive', referred to above, constitutes grounds for a charge of theft. The maximum penalty is 7 years imprisonment.
Chris
Put the money into a savings account with a decent intrest rate. Leave it there and write to your company informing them of the error and that you've put the money to one side. If they dawdle on the recovery then your getting interest on it, if they deduct it from your wages then you've got the spare put to one side ready for you, if they ask for it back then it's simple to gve it to them
do as bobjugs says...dont spend it, keep to one side and send a vague letter or email infiorming them.
but as someone else said, they were never chased for it...there is a vague outside chance they wont chase you either so its worth a try eh?
however to answer you...no you are not entitled to keep it under any circumstances.
but as someone else said, they were never chased for it...there is a vague outside chance they wont chase you either so its worth a try eh?
however to answer you...no you are not entitled to keep it under any circumstances.
dont take any chances, i know someone who worked for the NHS and was overpaid and was paid after they left, this went on for a few months she had all the silly advice of holding of holding on to it to get the interest etc.or its yours spend it...WRONG, the next thing she knew was a knock at the door and the police arrested her for fraud and put her in a cell for a few hours!! no warning whatsoever....she paid it back immediately but it still went to court she eventually got a caution of some sort..