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need advise

m623d Avatar
9y, 3m agoPosted 9 years, 3 months ago
I need some advise but dont know where to ask!
basically, I was paid a bonus, left the company 3 months later and have just recieved a letter saying I was paid too much and need to send them a cheque.
can anyone offer advice or where I can go to find out?

thanks
m623d Avatar
9y, 3m agoPosted 9 years, 3 months ago
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#1
its their mistake. If you've claimed it as a "bonus" then its yours imo.
#2
it was a yearly bonus paid end of June to all employees.
I left to further my career 3 weeks ago.
had final wages and P45 etc 2 weeks ago.

It is a large company and I dont think a NO will be accepted, so what are my legal rights?

thanks
#3
Read your Terms of Employment.

If you have agreed to pay back any monies owing, then that is what you'll have to do.
#4
If they had under paid you, you would want what is rightfully yours, it cuts both ways I'm afraid.
#5
Firstly I'd ask to see how the over payment was calculated.

Secondly read you terms of employment very carefully, especially relating to how bonuses are calculated and what will happen in the event of overpayment of any money (although you'd be amazed how many companies forget that bit).

If that does not help you reply to them, and depending on the amount, either go and see a local solicitor. Or if you cannot afford that go to Citizens Advice Bureau and see if your entitled to free legal advice.
#6
ok, thanks for that.
I did question the payment to my then store boss because I wasn't sure it was correct, but he just said dont worry about it. I then left 2 months later and I think he has 'stuck the boot in' because he wasn't happy I left.
The thing is, how long can they still request overpayment from you? how far back can they go?
I suppose I wrongly thought that now I no longer am an employee that all my dealings with them were settled.
They have requested a cheque and want me to ring them to confirm I've sent it. How should I approach this? should I refuse?
if it were a small amount I wouldn't care, but we are talking nearly £500 (40% of the bonus)
thanks
#7
Go to your local CAB with your terms of employment and see if they can help you?

I remember when i was on work experience there was a similar case - never heard the outcome though. [I'm about 70% Sure it was the same reasons etc.. dont hold me to it]
#8
m623d
ok, thanks for that.
I did question the payment to my then store boss because I wasn't sure it was correct, but he just said dont worry about it. I then left 2 months later and I think he has 'stuck the boot in' because he wasn't happy I left.
The thing is, how long can they still request overpayment from you? how far back can they go?
I suppose I wrongly thought that now I no longer am an employee that all my dealings with them were settled.
They have requested a cheque and want me to ring them to confirm I've sent it. How should I approach this? should I refuse?
if it were a small amount I wouldn't care, but we are talking nearly £500 (40% of the bonus)
thanks


I'm an accountant m623d so whilst a bit knowledgeable about employment law I'd not totally rely on what I say without getting a legal opinion.

As far as I know there is no time limit on claiming the money back. In practical terms I guess you could argue about it after a couple of years, but as this is months then I can't see any reason to argue. Just because you are no longer an employee does not settle things, if they had messed up in their favour you'd of asked for the money you were owed.

I'd ring and stall for time. Ask for evidence that you were overpaid, explain you have no problem repaying the money but you want to be sure you actually owe them. Also put this in writting, just in case they try and take court action.

Once you have the written proof you owe them, take it to CAB, they have legal experts who can properly advise you. If they agree you owe the money then try and arrange a repayment plan, say £100 a month or something.

In the meantime if you still have the £500 stick it in a deposit account just in case. You may as well earn something on the money if you have to repay it.
#9
Thanks Aggy, that looks good advise, I shall act on it.
#10
I doubt if you have your ToE handy, so ..... not much you can do about that.

As for the bonus, was it paid on last years work?

Ask them to put the repayment on paper, have you paid tax on this money? if so speak to the tax office because the company may owe you back tax, screw them and screw them for time, get everything in writing, threaten them with the employment tribunal, you really need to speak to the CAB or someone similar AND your tax officer.

The way companies treat their employee's grrrrrrrr :x
#11
They have taken the tax off what I paid, so the figure the require sent back is less than was paid, if that makes sense?
I have my ToE but under bonuses it just says to contact your manager.
It was last years work bonus.
#12
Well if you have worked for 12 months previously and have been rewarded for your work over that period, then I see no reason why you have to pay it back, this 12 months work will be rewarded next year, a good case to agrue with the threat of court, you've done the work now you reap your reward for your last 12 months worth of hard work - simple.
#13
If you have not and are not going to contact this company again then just dont do anything. Theres a good chance they won't chase it up. If you do get another letter dont open it put "not at this address" on it and put it back in the postbox. That should put them off. But if they get as far as sending sombody round (can't see it) to check then you'll prob have to pay it back.

I'm not saying this is right just what I would do.

Anyway I'm sure they have had an extra £500 worth of work out of you if you think about it!

If they persist with trying to get the money back don't give in easy, say you cant afford to pay it back all at once and need to pay it back in installments.

If it gets as far as small claims court (heaven forbid) and have agreed to pay it back but need to pay it in installments they will side with you every time.:thumbsup:

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