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TNV, Lawyer
Category: Scots Law
Satisfied Customers: 1216
Experience:  Law degree with Honours, Diploma in Legal Practice
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i ive in scotland and have a problem. i have been paid from

Customer Question

i ive in scotland and have a problem. i have been paid from a previous employer for the past 9 months. each month i have phoned my employer and pay services and each party blamed the other for nothing getting done. my employer informed me she ahd sent all rquired documents and it would stop, however it never did. they knew they were to blame. i have now heard they are going to ask me to repay this money. do i have to pay?
Submitted: 8 years ago.
Category: Scots Law
Expert:  TNV replied 8 years ago.
This is not a clear cut issue.

You have received an over payment of salary. If your previous contract of employment has a clause in it which states that you will repay any overpayment of salary then yes they can do this.

If there is no such clause, then they can still take you to court asking for repayment of an overpaid salary.

If you cant afford to pay it all back at once and if paying it back would result in you being in financial difficulty, then the court may allow you to pay back by installments or pay back a lesser amount.

There is also the question of tax and National insurance. If you have been paid for 9 months then you have also paid tax and national insurance. You need to check this out with your local tax office.

You say you have always known about the continued payment, so if this goes to court, the court would not look favourably on you if you have indeed spent the money. If you have not spent the money and can prove that you contacted your employer to get them to stop making the payments, then a court may only order partial repayment. But if you have spent the money in the knowledge that it was an overpayment, this wont look good for you.

You may want to negotiate with your ex employer saying that you will make a partial payment in full and final settlement. That way, they are guaranteed some of their money back.

But, like i said, if there is a clause in your old contract regarding overpayments, then you will have to pay it all back. You can only negotiate a lesser sum if the contract is silent on the matter. They may accept a lesser sum from you because you cant always tell which way a court will decide matters.

I am off line now but if you need further clarification, I will get back to you in the morning.