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Payment from previous employer

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  • Payment from previous employer

    I worked for a division of a larger company (Company A) and this division was sold as at 30 Sept, to another large company (Company B). Currently we are a standalone company (Company C) until we are formally integrated. So, C is a subsidiary of B.
    There has been an error in the payroll this week, and all employees of C have been paid salaries twice, once by Company C, and once by Company A. (The same payroll provider acts for both companies)
    Everyone received an email from management on payday saying that there had been an error by the payroll firm, and duplicate payrolls had been paid from both Company A and Company C. There were discussions going on as to how we should be returning the overpayment to Company A.
    An update today has been the suggestion that all overpaid employees should keep the additional payment from Company A, and that payment should be regarded as our December salary from the current employer.

    So, I’m pretty sure this is fairly unusual, and my concerns are below:-

    1. It’s nothing to do with Company C. Our former employer has paid us in error. So Company A should be contacting everyone individually.
    2. Company C should not be discussing or sharing data with Company A - there must be data breaches here.
    3. Company C cannot tell us what to do in regards to repaying a former employer.
    4. If Company C decide to not pay us in December and that money effectively goes to Company A it would be an unlawful deduction from wages.
    5. Non payment of our contractual salaries by Company C in December would be another breach of our employment contracts.

    would appreciate any advice in this regard, it’s clearly a situation where there are recent ties between A and C, however they are separate legal entities. Aside from the issue of everyone knowing they have been paid twice, the whole approach to sorting it out feels very uncomfortable.


    Tags: None

  • #2
    I struggle to see the catastrophe in this.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Aside from my play on words, are there not a bunch of things going on here that aren’t quite right?

      Comment


      • #4
        Did you move across to the new employer under a TUPE transfer?

        Did Co C pay your wages in Oct?
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