Hi, because of my degree i have taken a break from my p/t job and planned to return after my final exams for a short period till i have my degree classification. However even though im not there ive still been paid for the hours i would have worked not much but still i have been paid. Its stupid, i dont get how they cant know as they print a sheet out of whos working when and surely id be on the sheet but not be turning up! Legally where do i stand, can they demand it back? I know i should give it back but i being an already in debt student its sort of spent already. Any one got any advice?
Cheers
Adam


[Edited on 31/5/08 by bassett]

If they dont ask ?

If something does eventually click though could they deduct the owed amount from my pay i earn if i go back. If they could id rather quit now and find something else.

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Originally posted by bassett
If something does eventually click though could they deduct the owed amount from my pay i earn if i go back. If they could id rather quit now and find something else.

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Legally you must give it back if asked.

And morally you tell them and give it back!!

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Originally posted by designer
And morally you tell them and give it back!!

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Legally you do have to give it back, BUT the amount you pay back each week/month can be decided by you (quid a week???) they aren;t legally allowed to take any amount from you wages without written consent from you

hth

Ray

I'm an internal fraud investigator for a big bank, and this issue come up fairly often. It is an offence under the theft act to keep money which has been given to you accidentally (eg. bank credits, salary payments etc), the offence is specifically "retaining a wrongful credit".

It will largely depend on your employer, but if they are so inclined they may investigate the issue, and if they can prove that you knew it wasn't yours to spend and you spent it anyway, they could report it to the police.

A previous post said "Legally you must give it back if asked" - this is not correct, as daft as it sounds you have a legal obligation to notify them of the error!!!!

Either way, you'll have to give it back. My advice, just give it back straight away, just not worth it.

Although I have no doubt the amounts were much higher, I have seen people spend short terms in jail for this offence. I've seen police cautions for as little as £500!!!

[Edited on 1/6/08 by eznfrank]

Yes you have to repay it regardless of whether you believe you are entitled to it or not. However in this case you clearly know it has been paid in error so don't wait to be asked, contact them and get it cleared up. In the past when, I was a factory manager, if anyone pointed out to me that they had been over paid before payroll spotted it they would be thanked for their honesty and allowed to keep the extra. It was a very cost-effective way of making sure errors and mistakes got sorted quickly.

Just a thought, have you accrued any holiday pay entitlement while you have been there? I still say talk to them even if only to try and negotiate repaying it over an extended period.

[Edited on 1/6/08 by Brook_lands]

Absolutly correct you must tell them. If you left they still would be able to pursue you for the money and as it has been said it is a criminal offence, do you want to risk a record for a few quid?

P.S. The inner investigator got the better of me and I started playing on the net - if your degree is in accounting?? then alot of jobs in that industry require a CRB check. This is one of those things that can come back to haunt you in later life!!

I agree with eznfrank.

Tell them of their mistake. you are too young to have theft on your CV.

Looking ahead, you will hopefully get a good reference from them; if they found you were dishonest, then if a propsective employer finds out, you are unlikley to be given a job.

Yes my degree is in accounting so integrity means a lot but i think its the poor sutdent in my fighting back. If it is an offence after my final exam i will clear it up. It really is a tiny amount around £500 which at the moment is nothing incomparison to my earning potential. Thanks for the info and opinions
Adam

[Edited on 1/6/08 by bassett]

eznfrank what is a CRB check?

maybe its your vacaction money or is your salary always 1 month behind...

for example when you first worked a month did you recieve everything after that month....????

i would just ask and they will check and sort it out.... its the best for your creditbillity..

Tks

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Originally posted by bassett
eznfrank what is a CRB check?

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I do get paid a month delayed but i had recieved that already at the end of April so i definetly have something i shouldnt have. How do you know if your CRB has been checked?

When you appy for a job they have to ask for your permission to carry out a CRB, as far as I know they can't do it without your permission. It's not always called a CRB, some companies use external agencies to do the check and may refer to it as "disclosure Scotland" for example.

I would expect that most accounting firms would want a CRB check and also a clear credit record which I appreciate is difficult straight out of Uni but that's how it goes.

Don't be tempted to leave it if nothing comes up for a few months, there's always an audit just round the corner ready to bite you on the ass!!!

[Edited on 1/6/08 by eznfrank]

You have to fill out the forms and provide a couple of forms of ID, so you'll know before they can carry out a CRB check. Once it's been done both you and your employer get a certificate with the results on.

You know you should give it back - you're just hoping we'll tell you you'll get away with it

Seriously, not trying to put things right is not a good start to an accountancy career.
If you get away with keeping it, what will you do next time you see an opportunity to defraud someone of say £5 000, £50 000....?