Gav1

I have recieved my final salary payment from my old employer and they have massively miscalculated in my favour!! To the tune of £2000!!

I now want to know where i stand??? The money is safely deposited into my current account, obviously i am not going to touch it for the time being incase they discover their error and ask for it back. However, what is my legal position as the money is now in my bank??

Any ideas on time scales etc..??

Thanks Gav.

D70

Let them sue you for it. Then pay it back right at the last minute if they take it that far- just before it costs you anything.
So ignore all communications from them and their solicitors right upto the point of court action.
I doubt they'll bother unless they are a small operation.

Andrew Timmins

Is it pay for holiday owed to you but not yet taken?

BlkKnight

http://bbs.scoobynet.co.uk/showthrea...light=overpaid

Overpayment of wages

Can employers recover overpaid wages?

Under the common law principles, which a civil court would consider, this depends upon whether the overpayment is due to a mistake of law or a mistake of fact. However, it should be noted that an employment tribunal has no power to consider an application which relates to the recovery of an overpayment of wages under the protection of wages provisions (see below: unlawful deductions from wages).

What is a 'mistake of law'?

It is classed as a misunderstanding or misinterpretation of a policy and in these circumstances wages cannot be recovered.

What is a 'mistake of fact'?

It is seen for example as a clerical error, an accounting error, or a computer error. The employer is prevented from recovering the overpayment if the following conditions apply:

• the employer has led the employee to believe that he or she is entitled to treat the money as their own
• the employee has changed their position to the money, ie spent it
• the overpayment was not caused primarily by the fault of the employee.

Gav1

My final salary payment is correct, however the mistake has occurred on my outstanding holiday payment. I was owed 45 hours holiday pay but they have payed me at about £55 an hour instead of my much lower correct hourly rate!!

So the mistake is a clerical one on their behalf and judging by Blknights post it appears then that they cannot reclaim the money!! Especially if i say i have spent it!!

Not a bad result.

Gav.

Andrew Timmins

Drinks all round then