# Error on payslip



## colin79ie (29 Jan 2007)

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?


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## Brendan Burgess (29 Jan 2007)

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


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## colin79ie (29 Jan 2007)

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.


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## Purple (29 Jan 2007)

colin79ie said:


> 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?


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## ClubMan (29 Jan 2007)

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.


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## MugsGame (29 Jan 2007)

> Alternatively maybe you should look for a new job where no payroll mistakes are made. Ever.



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.


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## Guest111 (29 Jan 2007)

colin79ie said:


> 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?


 
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.


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## ClubMan (29 Jan 2007)

MugsGame said:


> Is this an example of the sort of constructive feedback the OP should bring to their employer?


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.


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## MsGinger (30 Jan 2007)

colin79ie said:


> 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?


 
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.


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## walsh101 (31 Jan 2007)

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 !!!!!!!!!!!


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## Gordanus (31 Jan 2007)

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.


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## cunninst (31 Jan 2007)

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.


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## ClubMan (1 Feb 2007)

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.


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## cunninst (1 Feb 2007)

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....


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## ClubMan (1 Feb 2007)

cunninst said:


> 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....


That's really down to negotiation I would expect.


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## Mr2 (1 Feb 2007)

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.


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## pat127 (1 Feb 2007)

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.


 
"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.


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## Mr2 (1 Feb 2007)

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.


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## cunninst (1 Feb 2007)

mr2, i'd really appreciate that if ya find out the exact rule! Cheers man.


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## KalEl (1 Feb 2007)

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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## cunninst (2 Feb 2007)

> 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





> 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.


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## DeirdreL (2 Feb 2007)

colin79ie said:


> 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.



Clubman

clearly the OP has already stated he is not in day to day contact and is really not relevant to the topic


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## ClubMan (2 Feb 2007)

The comments of mine to which you refer were not in response to the original query but in response to _cunninst'_s follow up post here and are indeed relevant.


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## KalEl (2 Feb 2007)

I don't understand the relevance of those two quotes...I'm expressing my astonishment at people discussing if when and how you pay back money that was never yours.
See it in your account, tell them, give it back. Simple


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## cunninst (2 Feb 2007)

and i stated in my post that i wanted advice, not a reply about moral responsibility - hence the quotes. 

simple.


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## KalEl (2 Feb 2007)

cunninst said:


> and i stated in my post that i wanted advice, not a reply about moral responsibility - hence the quotes.
> 
> simple.


 
Cunninst, you didn't start the thread! And you weren't talking about dragging out the repayment of money received in error either.

Equally simple!


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## rmelly (4 Feb 2007)

a couple of things:

1. the amount is presumably quite small (1 month increment) so is it really worth keeping?

2. if the company finds out and you resist repaying (if even legal), they'll get it back somehow - eg. a 3% payrise next year instead of 4%, or reduced (if any) bonus.

3. if they find out and you refuse to repay, then your future at this company is over, you just won't realise it.

4. how financially savvy do they think you are? if you have previously been underpayed, how quick were you to flag it? if they find out without you notifying them, someone will figure out that there is a high probability you knew but said nothing, again game over.

do the sensible thing, flag it now, get them to deduct it from next pay run and everyone's happy.


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## hm2605 (6 Feb 2007)

Colin

I can't answer your question on where you stand legally on paying this back, but as everyone else said it appears to be a clerical error and if you were to say nothing and keep it then I hope you don't love your job too much as your not doing yourself any favours in the long run. 
The same thing happened to me last month, I was paid for 46hours too much on my end of month pay. I pointed this out straight away as I noticed the hours on my payslip and it is being decucted out of my next pay. I'm just glad I noticed it and it wasn't pointed out to me. 

H.


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## ajapale (15 Feb 2011)

Similar question posed today.


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