Overpayment of wages

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the_lone_wolf

Original Poster:

2,622 posts

186 months

Monday 16th November 2015
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Hi all

Bit of a tricky situation I've found myself in.

Two years ago I went back to work for a company I'd worked for previously for six years, never had any issues with them, they treated their employees well and in return we worked hard and always were profitable.

Part of the reason I went back was on the understanding that I value my personal life and would need to take unpaid leave during the year for a variety of reasons, this was all agreed with my immediate manager (Department Principal, same boss throughout my employment) and he agreed it with Admin, Finance and the MD.

Roll on two years and I've recently left employment, completely amicably with two months notice etc and doing all I can to make it as easy as possible for them.

Now my boss has been in touch saying Admin and Finance are having kittens because despite him repeatedly telling them I was taking unpaid leave through the last two years, they've been paying me full salary. I genuinely had no idea as each month the amounts were different, I thought, as did my manager, that they were deducting unpaid leave as I was paid, but it turns out that they've overpaid me by just over £2k.

Now, my manager (also a good friend) is utterly livid, he's done what he can trying to get them to write it off as it's a fraction of what we actually brought into the company during the last two years, but head office remain unconvinced.

Now, I don't want to burn bridges, it's likely I'll be working freelance for the same company in the future so I'm happy to pay back the money, but the honest truth is that I don't have that kind of money just lying around waiting to give to anybody, so it would be good if I could pay them back over a reasonable period.

So far it seems the accountants are being accountants and completely intransigent, it would be good to know where I stand legally, as if I truly did have a good legal excuse for not paying them back, offering to pay back over a long period would be a gesture of good will from me rather than them and no doubt easier to negotiate.

Any advice from people who have some legal experience or previous experience would be appreciated - not looking to screw anybody over right now, only to lessen the impact on me and my wife as we both move abroad and enter entirely new lines of work!!

Magic919

14,126 posts

201 months

Monday 16th November 2015
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Make them an offer. Ensure that they sort out the tax and NI that was paid.

OllyMo

596 posts

212 months

Monday 16th November 2015
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Assuming you're going to pay the full amount back, I would just work out what you can afford and tell them when you will pay.

Give them the amounts, and the dates you will pay, and just make it as reasonable as you can afford. Ask them where they would like the money, and what reference to attach to the payments.

They probably won't bother arguing, as by the time it had all been sorted out through whatever other means, you probably would have paid them back.

anothernameitist

1,500 posts

135 months

Monday 16th November 2015
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Had this with some staff in the care sector.

The company were very good at accepting the proposals from the staff to repay through deductions of wages.

I'm sure your employer will be the same too, thay have messed up and you are offering to repay, no hastle to them.

andy-xr

13,204 posts

204 months

Monday 16th November 2015
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the_lone_wolf said:
Now, I don't want to burn bridges, it's likely I'll be working freelance for the same company in the future so I'm happy to pay back the money, but the honest truth is that I don't have that kind of money just lying around waiting to give to anybody, so it would be good if I could pay them back over a reasonable period.
Offer them a credit note and do it 33% at a time, or 25% at a time, monthly or quarterly.

the_lone_wolf

Original Poster:

2,622 posts

186 months

Tuesday 17th November 2015
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Thanks all

I've sent the MD a very straightforward mail setting out the credit notes and instalment ideas and making it clear I'm not out to screw anybody

He did send a slightly cryptic email to my boss this morning but I'll have to wait and see if there's any change of heart on the writing off idea!!

It's a fraction of a percent of what our two man team has brought in to the company, and he's written off way more in fees rather than arguing with bad clients

Fingers crossed, and thanks for the replies smile