kluged
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Hello, I am in a similar position having discovered the other day that I have been overpaid wages. Here is my situation: I ended my most recent employment on 30th May and at the end of May received my P45 & final wage slip. I reviewed my wage slip and determined that I had not been paid for my accrued but not taken holiday pay. I spoke to my boss who agreed to write me a cheque for the amount in question. However, I also agreed to work during June on an informal part-time basis to help train my replacement. I don't have any contract of employment covering this casual work and have done about 20 hours over the course of the month and so was expecting to be paid for this and my holiday pay in one go. I am supposed to be meeting my former employer tomorrow to settle up how much I should be paid. Looking at my bank account today I have discovered that payroll have paid my normal monthly salary for June as if I were still working there. Our payroll processing is outsourced and handled by the local authority. I have two questions: 1) As I am no longer employed by the organization the normal overpayment recovery process (ie, recovering from ongoing wages) will not be applicable. What I have found online implies that as I no longer work there my former employer would have to make a civil claim against me to recover the money overpaid and also that this is likely to fail unless my contract specified a clause regarding the repayment of overpaid wages after employment ended. Is this correct? (I have checked my contract and determined that there is no clause in it covering overpayment of wages in any case). 2) Assuming that I am legally able to keep this money, can I also insist on being paid for the work I have done in June separately? I would imagine that my former employer would most likely suggest that I pay them the difference between what I have been overpaid and what I have earned during the month. However, if the overpayment is non-recoverable then don't I have the right to be paid in full for the additional work? I'd appreciate any advice you could give me.
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