Sorry for really long post if you have some patience to read it, it may be of interest to any lawyers out there...
So.....my daughter took a 10 week placement in a large Bank to help fund Fe1 law exams, get a littke bit of experience and general spending before intense fulltime study again for March exams in anticipation of her law traineeship start date of Jan 2024.
The short Contract finished and states an end date of 22nd Jan. So she leaves on 22nd Jan, and her sociable and friendly colleagues gave her a nice send off. All good.
Internal processes seem to break down and it seems her manager (cant be certain) does not initiate the "Leaver" process to take her off the systems including HR, email and Payroll.
End of January she receives Full months salary.
Thinking this is unusual waits to see what happens end of Feb.
End of Feb she receives another Full months salary
Early March emails Bank HR and Payroll (3 people) to point out their issues and "to take me off the payroll as it may impact my taxes in my next job". She offers to return the February overpayment too.
With my suggestion, she goes into Revenue Myaccount and notices the employment with the Bank is not Ceased but Active.
So she Ceases it herself whuch you can do.
A generic "thank you for letting us know, I have forwarded this to Payroll" email received from the HR staff in the bank in reply to her email. They do not mention at all looking for the salary back.
Mid March she does Fe1 Exams.
End March she receives yet another Full months salary.
Early April emails Bank again and the email to the staff member who replied in March bounces back (left or fired maybe ?). In firm language reiterates to take me off the payroll, emailing HR also.
No communication from Bank in April.
End of April she notices zeroes in the payslip in Revenue Myaccount which looks like they have sorted this out.
*Yesterday* out of the blue receives an emailed Pdf letter from Payroll department to return ALL of the overpaid salary.
Of course due to pure neglect and utter incompetence of the HR and Payroll departments (and being a young student with no money too im sure she has spent half of it !) she has no intention of paying back a single cent. She may at a real push accept a hugely reduced settlement amount.
Ok so any help appreciated. This us a great forum thank you.
Should she even reply to the email/letter ?
She plans to reply next week pointing out all the opportunities they had to resolve this.
How do you articulate an email like this ?
Do we wish to engage a solicitor ?
Of course not, she is going travelling to Asia from June for the 2nd half of 2023 ( if exams are passed)
We cannot find any law or precedence on this at least online/google etc.
"Overpayment when you are no longer employed" is the key here
There is some articles on *overpayment while still employed* and yes in that case it is taken out of future salaries.
Thanks in advance.
So.....my daughter took a 10 week placement in a large Bank to help fund Fe1 law exams, get a littke bit of experience and general spending before intense fulltime study again for March exams in anticipation of her law traineeship start date of Jan 2024.
The short Contract finished and states an end date of 22nd Jan. So she leaves on 22nd Jan, and her sociable and friendly colleagues gave her a nice send off. All good.
Internal processes seem to break down and it seems her manager (cant be certain) does not initiate the "Leaver" process to take her off the systems including HR, email and Payroll.
End of January she receives Full months salary.
Thinking this is unusual waits to see what happens end of Feb.
End of Feb she receives another Full months salary
Early March emails Bank HR and Payroll (3 people) to point out their issues and "to take me off the payroll as it may impact my taxes in my next job". She offers to return the February overpayment too.
With my suggestion, she goes into Revenue Myaccount and notices the employment with the Bank is not Ceased but Active.
So she Ceases it herself whuch you can do.
A generic "thank you for letting us know, I have forwarded this to Payroll" email received from the HR staff in the bank in reply to her email. They do not mention at all looking for the salary back.
Mid March she does Fe1 Exams.
End March she receives yet another Full months salary.
Early April emails Bank again and the email to the staff member who replied in March bounces back (left or fired maybe ?). In firm language reiterates to take me off the payroll, emailing HR also.
No communication from Bank in April.
End of April she notices zeroes in the payslip in Revenue Myaccount which looks like they have sorted this out.
*Yesterday* out of the blue receives an emailed Pdf letter from Payroll department to return ALL of the overpaid salary.
Of course due to pure neglect and utter incompetence of the HR and Payroll departments (and being a young student with no money too im sure she has spent half of it !) she has no intention of paying back a single cent. She may at a real push accept a hugely reduced settlement amount.
Ok so any help appreciated. This us a great forum thank you.
Should she even reply to the email/letter ?
She plans to reply next week pointing out all the opportunities they had to resolve this.
How do you articulate an email like this ?
Do we wish to engage a solicitor ?
Of course not, she is going travelling to Asia from June for the 2nd half of 2023 ( if exams are passed)
We cannot find any law or precedence on this at least online/google etc.
"Overpayment when you are no longer employed" is the key here
There is some articles on *overpayment while still employed* and yes in that case it is taken out of future salaries.
Thanks in advance.
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