Paid a full month salary after being off sick and on unpaid leave.

Employment

So as the title says I have been either incredibly lucky or the company has made a huge mistake. In my contract there is no sick pay so it could not have been that. I was also on SSP for the months I had off sick, that was underpaid and it appears to have been tacked on to this pay as well, bumping it up further.

I haven't spoken to anyone at the company nor spent any of the money. I have just received the payslip for this and it seems nominal and like someone is looking out for me.

However it still could be a mistake from the pay team as we have just had a huge merger and maybe the memo i have been off ill fell through the cracks.

But from what I know that payslip confirms the money is mine, but could they at some point ask for it back if it is found to be a mistake?

Posted Dec 29, 2023, 12:52 PM UTC

14
Kieron1402•

If they have overpaid you then they will be entitled to the money back. If you still work from them, they can just deduct it from your wages, otherwise they could pursue you for it in court

3
warlord2000ad•

NAL

If you know you shouldn't have it, don't fall into the trap of spending it. Reach out to HR and say you think you've been overpaid and ask them to check. They can claw it back

2
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1
shadowofthegrave•

But from what I know that payslip confirms the money is mine, but could they at some point ask for it back if it is found to be a mistake?

There is no principal of English law that entitles a person to financially benefit from the mistake of another. As such, if you have been paid in error, then the money is not yours, and the company is perfectly within their rights to request the money back (and take you to court if you refuse).

This has been very clearly established in case law.

Note that this also has tax and NI implications, and getting this resolved sooner rather than later is in your interest.

like someone is looking out for me.

It's much more likely that someone screwed up by not updating the start/RTW dates on the sickness period/unpaid absence correctly, and the system had you down as working.

1