Redundancy paid in error

[Rmwilliams10]

Hi all, I'm hoping for some advice on this. In January this year my team got told we were going to be made redundant. Because I was on secondment at the time my end date was deferred to November 30th this year. In the meantime I managed to find a job I'm the same company. Unfortunately HR have paid me both a redundancy payment and a one off payment in lieu of a bonus. I'm absolutely fine to pay this back but with the overpayment in excess of £6500 I have paid a lot of tax, NIC and student loan. If my employer takes this back off me immediately I will be left short this month. Can anyone offer any advice on the way payroll or myself should handle this? I have contacted HR to highlight the error but that's all so far. Thanks

[charitynjw]

Re: Redundancy paid in error

Hi Rmwilliams10, & welcome to Legal Beagles.

If the employer has made a mistake by overpaying you (through no fault of your own), & you honestly believed you were entitled to it & have subsequently spent it, you could argue a 'change of position', & be entitled to keep it.

However, as you are still currently employed by the same firm, it might be better to show that you are a reasonable & honest person who, although the law may be on your side, are willing to return the overpayment over time.