BACS/Paying back money overpaid by an old employer
Discussion
Bit of a strange one this.
A member of my family was dismissed for 'paperwork irregularities' from a very large national company that has contracts from the MOD. I know he was guilty of nothing more sinister than not keeping on top of things as he is the most honest guy I know. Anyway, I digress.
Having spent about 4 months 'suspended pending investigation', on full pay, he was summoned to a meeting where he was dismissed. He was asked to hand his company vehicle back there and then. This was about 4 months ago now, and although he has found work, he is currently in the process of taking them to court for unfair dismissal, and from what I can gather he has a very good case.
Anyway, for the last 4 months, this dimwit company has been paying him a full salary at the end of every month as usual, which only reitterates either how incompetent they are, or as I have thought from the start that they are trying to sweeten him so that he drops taking the matter to court, which he fully intends to (and has made perfectly clear)
He is paid by BACS, so am I right in saying that this is a one way only transaction, ie they can pay into an account but not take from? If not, should he cancel the link with his bank and take what he has, or stay as he is and risk having it clawed back if that is possible (or see just how long it takes until it stops??)
Also, has anyone got any solid advice as to if he is obliged to pay back this money 'if' and or 'when' they realise their mistake, and where would he stand if he pleaded ignorance and or refused? Could he offer to pay it back at £10 a week? Would they have any justification to look into and question his savings if it came to it?
They money isn't the biggest issue, he is just letting it earn interest for him and hasn't touched it; the best bit is/would be getting one up on a company that has treated an employee of 12 years really badly.
Any advice really please. As far as he is concerned, they will have to take him to court to get the money back. Considering they made such a song and dance about him leaving, you would have thought the first thing the person in charge would have done is to inform payroll...
A member of my family was dismissed for 'paperwork irregularities' from a very large national company that has contracts from the MOD. I know he was guilty of nothing more sinister than not keeping on top of things as he is the most honest guy I know. Anyway, I digress.
Having spent about 4 months 'suspended pending investigation', on full pay, he was summoned to a meeting where he was dismissed. He was asked to hand his company vehicle back there and then. This was about 4 months ago now, and although he has found work, he is currently in the process of taking them to court for unfair dismissal, and from what I can gather he has a very good case.
Anyway, for the last 4 months, this dimwit company has been paying him a full salary at the end of every month as usual, which only reitterates either how incompetent they are, or as I have thought from the start that they are trying to sweeten him so that he drops taking the matter to court, which he fully intends to (and has made perfectly clear)
He is paid by BACS, so am I right in saying that this is a one way only transaction, ie they can pay into an account but not take from? If not, should he cancel the link with his bank and take what he has, or stay as he is and risk having it clawed back if that is possible (or see just how long it takes until it stops??)
Also, has anyone got any solid advice as to if he is obliged to pay back this money 'if' and or 'when' they realise their mistake, and where would he stand if he pleaded ignorance and or refused? Could he offer to pay it back at £10 a week? Would they have any justification to look into and question his savings if it came to it?
They money isn't the biggest issue, he is just letting it earn interest for him and hasn't touched it; the best bit is/would be getting one up on a company that has treated an employee of 12 years really badly.
Any advice really please. As far as he is concerned, they will have to take him to court to get the money back. Considering they made such a song and dance about him leaving, you would have thought the first thing the person in charge would have done is to inform payroll...
As far as I'm aware yes they are allowed to take their money back. If I was your friend I'd get his solicitor dealing with his case to ring up the company and ask them to stop all payments. If he is seen to be "shoving it under the carpet" it could come back on him badly on his other case.
Just what I would do.
Just what I would do.
If he's suspended on full pay, then he's entitled to the money.
If the dismissal is final, then that's probably not the case!
However, if there's been no paperwork saying anything beyond the suspension I'd be inclined to keep shtum and wait for them to contact him.
Once they contact him to arrange repayment, he can cite the "hardship" it would cause to repay all at once and pay it back at some derisory rate, like £50 a month or summat.
If the dismissal is final, then that's probably not the case!
However, if there's been no paperwork saying anything beyond the suspension I'd be inclined to keep shtum and wait for them to contact him.
Once they contact him to arrange repayment, he can cite the "hardship" it would cause to repay all at once and pay it back at some derisory rate, like £50 a month or summat.
He's is no longer employed by the company. Considering they made such a song and dance about dismissing him on the grounds of 'paperwork irregularities' it is somewhat ironic that they would then have to take it to court and plead a pretty bloody big paperwork error on their part...
And that's what they can do frankly. I'd be surprised if they could muster the competence let alone be bothered with the hassle of taking him to court, and stand up and explain an error that is no doubt going to land someone in a huge amount of trouble...
And that's what they can do frankly. I'd be surprised if they could muster the competence let alone be bothered with the hassle of taking him to court, and stand up and explain an error that is no doubt going to land someone in a huge amount of trouble...
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