Error on payslip

C

colin79ie

Registered User
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My employer has started my promotion salary one month early. I was due to start my new salary on the 1st Feb but they have started it from 1st Jan. I presume this is a mistake. My question is if they can redeem this back from me. The employment rights say if it is a mistake of law they can't but they can if it is a computation error. Does anyone know the difference in these terms?
 
Colin

With respect, you are taking a very narrow approach to this. Your salary was calculated by one of your colleagues. They made a mistake. That is what being human is about.

It's very simple. It's as if a shop assistant gave you too much change. You point out the error and they will correct it.

When you next make a mistake, hopefully someone won't try to profit from it to your disadvantage.

Brendan
 
Glad to hear there's some honesty left in us!

The error was made by a person whom I never met, nor have spoken to, in a small office many miles away from my place of work. I had to fight for months a few years back to get my tax credits up to date, so I think I will question their admin skills.
 
Still doesn't make it OK to take advantage of a mistake like this. If you had been underpaid and your employer looked for a legal reason not to pay you your back pay would you take the same view?
 
Many contracts of employment include a clause allowing the employer to reclaim through deductions to salary overpayments such as this made in error. It would really be more practical to cooperate with them on rectifying this matter. If you have a major problem with your employer's payroll processing then you should voice your concerns in the form of constructive feedback/suggestions on how they could improve matters. Alternatively maybe you should look for a new job where no payroll mistakes are made. Ever.
 
Alternatively maybe you should look for a new job where no payroll mistakes are made. Ever.
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Is this an example of the sort of constructive feedback the OP should bring to their employer?

BTW, I agree with Brendan and ClubMan that the OP should work to resolve this genuine mistake, rather than look for a legal way to keep the money.
 

Going to your employer and pointing out the error immediately shows honesty and that you are clued in about your own financial affairs.

Looking for angles to help you keep money you are not entitled to does the opposite. Personally, if any of my staff tried to use "employment rights" to keep money that was never theirs they'd be out the door.
 
MugsGame said:
Is this an example of the sort of constructive feedback the OP should bring to their employer?
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I don't think so. I normally find that if I have decided to leave a job then it's best to look for a new one and only tell the current employer when I have definitely plans for moving on.
 

A mistake of law is if for example, the government decided that the dependant relative tax credit was unlawful, then anyone who received that tax credit in good faith would not be required to pay it back.

A mistake due to a clerical error is a mistake due to incorrect computation and is required to be repaid.
 
Maybe your employer is sussing you out to see if you are honest and worth the promotion.

Would it not be better to tell him/her about the mistake and then you can forget about it, instead on wondering when their going to realise the mistake and then hunt you down for the extra cash after you've spent it !!!!!!!!!!!
 
it happened a friend of mine who was paid for a month AFTER leaving her job. Because it went straight into her bank she didn't notice for ages (being young and not that interested in her statements). When she did notice, she rang the company who agreed to let her repay it in instalments. She felt it ended up good for both parties -she got an interest free loan, they got their money back.
 
The same thing happened me, except i did notice it, however (and i know i should have) i didn't pay them back. That was almost 6 months ago. they did send me a letter about it, but since i was broke i chose to ignore it. I really should have paid it back i know, but is there anything that says that after a period of time if they haven't pursued it i don't have to pay it back?

I still can't afford to pay it back, maybe in very very very small installments, and i really don't want to phone them up and say i can't afford it and then they remember about it and they force me to fork up or something.

I understand the ethics and what not, and i should have repaid it, so please don't slate me in your replies. I just want advice.
 
I don't undestand your employer "sending you a letter" and you having to "phone them up"! Do you not deal with them day to day?

If you can only pay it back in small installments then come to an arrangement with them to do this.
 
sorry, i should have clarified that i was responding to gordanus' friend who was overpaid after they left. That's what happened me. It was after i left my job 6 months ago.

If i were to just phone them up and try to arrange a payment plan would it be on my terms? What about interest etc....
 
Sort of same thing happened to a friend of mine, she worked for a huge company and was brought in to the office once the problem was seen. She had brought the fault to her local manager but before he got to say what happened the dublin office called him and said a mistake, She was brought into the office with a witness of her choice and the manager one rep from dublin and she was asked on her terms how much she wanted to pay back each week until the amount was paid. Long way of saying it but by law the money has to be paid back once noticed but you say how much and for how long ie a euro a week for 1 year and they have to agree.
 
Mr2 said:
Long way of saying it but by law the money has to be paid back once noticed but you say how much and for how long ie a euro a week for 1 year and they have to agree.
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"by law the money has to be paid back once noticed"

"...they have to agree"

Are you sure? Can you point to a source to confirm? These are genuine questions.
 
pat127 I'll find out 2night and let you know 2moro. The rule was something about as it was just a clerical error the girl on payroll could not be held liable and as it was not a "gift" of any description it had to be paid back as it was not her money, but at a rate she was happy to pay. She just paid it back in a lump sum the next week.
 
I'm appalled that people who are paid extra in error don't immediately draw attention to the mistake and repay the money without question.
Even if you ignore the honesty and decency issues, this would help one's career far better than "negotiating" terms.
 
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