Overpaid by previous employer

s44678 · Guest

Lets imagine, hypothetically, that a person's final payment from their old employer following their resignation from that company was wrong. They paid them far too much. Could be an admin error, who knows.

What would be the legal situation with this? Can they ask for it back even though when it was paid, the person no longer worked for it?

I mean, of course they can ask for it back, but does the person have to give it back?

T1z3R · World Chat Champion Joined: 23 Oct 2005 Karma :

yes.
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s44678 · Guest

Actually the interweb says that it "depends on whether it is written into your contract of employment that if you owe the company money then you leave, it automatically becomes a civil debt".

So I guess if that isn't in the contract of employment, then the answer is actually "No".

Suppose I could have just asked the inernet first, but I thought some anecdotal evidence from people might also be helpful.

T1z3R · World Chat Champion Joined: 23 Oct 2005 Karma :

consult your contract then.

as far as i understood any overpayments can be requested back and you are legally expected to make the funds available.

either way good luck and hope you get to keep it.
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Irn-Bru · World Chat Champion Joined: 13 Aug 2009 Karma :

I'd keep the money aside for a few months, and if they haven't asked by then, buy yourself something shiny Thumbs Up

s44678 · Guest

It's not me by the way. Really.

ncrn · World Chat Champion Joined: 24 May 2006 Karma :

Is it possible the last pay included holiday pay entitlements?
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sickpup · Old Timer Joined: 21 Apr 2004 Karma :

Several years ago I worked as a controller for a company who underpaid me the first month, paid me correctly the second month + the first months underpay x 2. Then in the third month they paid me correctly + the underpay x 3, they also fired me 5 minutes after I told them how much they overpaid me. They asked for the money back and I pointed out I had no contract so got to keep the money.

The Disapproving Brit · World Chat Champion Joined: 10 Sep 2008 Karma :

I used to work for a company that did this. I left with a full months holiday entitlement, so I agreed to take that month as 'on call holiday' while working at my new job in case my replacement needed any pointers. Because it wasn't a 'proper' holiday, my boss forgot to tell HR, so I got a full paycheck a month after leaving, then a full months holiday pay as well.

They wrote me a letter advising that they'd overpaid me and asking me to send them a cheque. I binned it, they never followed up.
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