Hi Ladies and Gentlemen,

Have currently been made full time by my current employer. It has been 3 weeks now.

I was working for an employment agency ( removed by site team ) worst agency I have ever worked for, never paid the correct wages and took weeks to sort it.

They have a finger print scanner to clock in and out, my new clock card system sits next to this.

So, baring in mind I am full time and this agency knew I no longer worked for them, I occasionally just put my finger on the scanner just to confuse them, It was only a couple of times.

On the 14th of April I got all of my holiday pay as expected.

Last Friday the 21st of April, I got 40 hours of pay, the agency are saying I clocked in Monday to Friday. However, I was not even in work on good Friday.

I have put the money they paid to one side, however, how do I stand on paying them back. It is obviously an admin error.

They have an online payslip checker, and the payslip in question has been deleted, unlucky for them I have a copy on my mobile phone.

Kind Regards

Jason

how do you stand on paying them back when you have been fraudulently clocking in, and already paid for the work?

come on. You don't need anyone to answer that for you. I'm not going to condone your poor morals.

Could be a few things, firstly, the finger scanning "just to confuse them" may have resulted in you being paid for work you had not done and could be considered fraudulent by the agency, it clearly was not an admin error if you scanned your fingerprint in the way you described.

It could also be that you worked a week in hand and this payment is your final wage as an agency employee.

I'm more concerned about what happens when your new (was going to be permanent) employer realises they have paid you direct, and then they've been charged by the agency too, AND when they check it with the agency the agency shows where you've been 'clocking in' on the agencies system too .....

Fraud or no fraud, you have to repay them.

The money was paid to you by mistake. You have realised the mistake and you have set the money by.

Sorry, but you have to hand it back

did you scan in to make a gain (financial or otherwise) or advantage? If not there is no fraud, just poor decision making. That doesnt alter the fact you have been paid when you shouldnt have been so you should informt eh agency of this and they can request the money back and make the appropriate adjustments to your tax and NI records. Make sure that they send you a corrected pay advice or you will end up paying slightly too much tax and NI over the year.

did you scan in to make a gain (financial or otherwise) or advantage? If not there is no fraud, just poor decision making.

Whether there was 'dishonest intent' is a better line for the OP to take in batting away any suggestion of fraud (though there is nothing to stop them using both themes!)

http://www.legislation.gov.uk/ukpga/2006/35/section/2

"intent to make a gain" isn't an absolute pre-requisite for the offence of fraud by false representation (although it can be one of the requirements for the offence to be made out, it isn't the only route to it!).

Even if the OP didn't make a gain / intend to make a gain for themselves or another [s2(1)(b)(i)] , it could still be fraud if they intended to make another make a loss, or even just intent to 'expose another to the risk of loss' [s2(1)(b)(ii)]

"intent".

The company appears to have failed to even use the scan data correctly so conversely you could argue they are improperly processing someone's personal data. (no I wouldnt go there but just realistic as a prospect as the OP getting done)

let us stick to the overpayment error and making sure it is repaid and the tax records adjusted accordingly

Hi ladies and Gentlemen,

I think some people did not read the original post properly...

However, I got paid another weeks wage TODAY... NOT even touched the scanner last week...

how do I stand?

Kind regards.

p.s

I went into the office of [edited] recruitment and signed a P45 form. This form informed the company I no longer worked for them, and I would be deleted off their payroll system..... SOOOOOOOOOO NO fraud here folks.

Hi ladies and Gentlemen,

 

 

I think some people did not read the original post properly...

 

 

 

 

However, I got paid another weeks wage TODAY... NOT even touched the scanner last week...

 

 

how do I stand?

 

 

Kind regards.

Hello again.

Who paid you the week's wage please, the agency or your new employer?

HB

p.s

 

 

I went into the office of [edited] recruitment and signed a P45 form. This form informed the company I no longer worked for them, and I would be deleted off their payroll system..... SOOOOOOOOOO NO fraud here folks.

I thought a previous employer (like the recruitment agency) provides the employee with a P45 to give to a new employer.

The P45 is signed / stamped by the previous employer.

Why did you sign a P45 and give it to your previous employer when you were leaving them .... it goes to the new employer....

It's their mistake.

If you don't get a payslip from the agency and don't look at your bank statement, then how would you know that they overpaid you?

Fraud is a big word in this case: op has not done anything to intentionally make a gain.

He simply touched the fingerprinting machine as he was used to.

Then this week they paid him again despite no fingerprint records.

Keep the money to one side just in case, but you haven't defrauded anyone.

In my experience, these agencies have a very messy standard of keeping records and most ti.es they underpay workers.

I wouldn't be surprised if their balance books are still up and they never find out.

However, I got paid another weeks wage TODAY... NOT even touched the scanner last week...

 

 

how do I stand?

 

 

Kind regards.

Still overpaid and owing them money. Are you hoping to be told you can just keep it? Come on.

Hi Honybee13,

The Agency have paid me another weeks wage, I have informed my supervisors accordingly in case they are trying to defraud my new employers.

Like I have mentioned above, the agency involved are horrendous payers.

The agency have a system of signing some P45 HOLIDAY FORM. EH!!!! Which was a form stating you no longer work for the agency, and they will pay all holiday money owed and you are deleted from their payroll system.

Kind regards

Hi BazzaS

I did not sign a P45, this agency have a system of signing a P45 FORM... Ridiculous I know, there is a couple of European workers that have been set on full time and still not been paid their holiday entitlement. The agency is a rip off...

Kind regards

No, getting advice on here on my circumstances and how it will affect my tax.

will probably contact tax office.

Thanks for the reply king12345,

You seem to have the edge on were I was coming from. I was not trying to defraud anyone and it seems this agency have completely fook ed up...

Money is set aside..

Kind regards