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I am not the original poster. This is a repost sub.
The original poster is u/notworkingbutpaid. Originally posted in r/LegalAdviceUK.
Accepted and started a new job in January, haven’t actually started yet but still getting paid…
Hi,
A little bit of a weird one now and I feel I’m a little bit too deep to know what I should actually do or the legalities of it…
I interviewed and accepted a job offer as a software engineer for a well known UK brand, got sent a mac and screen etc for my home office, had my hr induction and was told my manager will be in touch to introduce me to my team in the coming days so to setup my equipment how I need it.
It set me up on all of the email systems etc and after a few days I contact hr to say I haven’t had any contact from my manager yet and they informed me due to management changes it would be a week or so more and to enjoy the restful time and I would still be paid..
Well it’s now been another 6 months and I’m still getting full pay, I even got an email to confirm I’ve passed my probation but I’ve done zero work for the company, never been introduced to me manager and well I don’t know if I should come clean? Will they ask me to pay back earnings, am I committing fraud or theft or anything?
Cheers!
Relevant Comments/Information from Comments:
- The last time OOP tried to contact the company was about 4 months prior to posting. The contact received no response. Commenters suggested that much of HR may have been laid off and the email address OOP had went to someone no longer with the company
- Suggestion by Commenter: Nobody here has any way of knowing whether they will, but if they do, tell them no. You kept up your end of the contract by asking HR for updates (save those emails too) and were good enough at your role to pass probation, despite doing no work. Therefore, I don't think the company have a chance of successfully claiming you owe them your salary. Frankly, let them sue you. Post again if they do that and you'll get more advice.
[UPDATE] Accepted and started a new job in January, haven’t actually started yet but still getting paid…
Hey r/LegalAdviceUK,
I posted for some advice back in June about my situation (Original Post). I just wanted to update on the current situation and what actions I've made since my previous post.
I realised after posting back in June that I had made a big mistake letting it go on for so long, the following Monday I made real attempts to try get in contact with HR / anyone in the department area's that I was supposed to be working for, messaged company directors on linkedin and after a further few weeks of no contact. I drove several hundred miles across the country only to be rejected access to speak to anybody by security.
I've been making a huge effort phoning the companies customer services making my self a nuisance to anyone within the company who will listen but thus far I'm still getting paid and I've still done no work for the company.
The most luck I've had is contacting the companies pension scheme provider who put me in touch with somebody in HR who apologised said there has been a big restructure in the tech departments and they have my details and somebody will be in touch shortly. I connected to this person on Linkedin but they have since ignored my further messages.
So a further 2 months on, I'm still yet to do any work, the company seem to be aware about this and I'm still worried that it's going to come back and bite me on the ass but as far as I can tell I'm legally doing nothing wrong, I've been contacting them and they have said they're aware and don't really seem to care.
If anyone has any thing to add that may help i'm open to any advice / options. At this point I would totally rather be working than sitting at home playing games and getting paid for it...
Relevant Comments/Information from Comments:
- Question from Commenter: Are these dudes hiring? OOP: Yes actually they are, I applied a few times by replacing my CV with a document that explains the current circumstances and would like someone to contact me ASAP...Thus far nobody has contacted me.
- Reasonable suggestion by Commenter: Given the length of time and the efforts you have made it is reasonable to believe that it is not a payroll error, but a failure in the department responsible for providing you with work. You are being paid as per your contract. You are available as per your contract. It is not an overpayment they can take back. It would be professional to remind them of your availability regularly (weekly at least). Log/record, with names, all interaction with the company.
Further update - Thank you so much u/ball_soup for pointing this newest one out!
[UPDATE-V2] Accepted and started a new job in January, haven’t actually started yet but still getting paid…
https://www.reddit.com/r/LegalAdviceUK/comments/qvf1jr/updatev2_accepted_and_started_a_new_job_in/
I posted for some advice back in June about my situation (Original Post) and I posted an update back at the end of August (Link) since then some stuff has changed and I've had several DM's asking for an update so here goes!
---
Firstly, I'm still not working (kinda), and i'm still getting paid (double).
So it turns out as a Software Engineer it's really a employee's market right now and I actually got another job.. I'm earning slightly more at company B than I company A but I'm still getting paid both salaries.
I've setup an automated script to sent emails weekly to some different people in HR but still I've not been assigned a line manager and they still continue to pay me each month. I'm living off the money from company B the company that i'm actually working for and performing tasks daily and I've fully informed the company owner of company B as it's a small startup and I wanted to be transparent.
All money from company A and a little bit from company B is going into savings.
I guess I'm not really looking for any advice at this point but If anyone has any 2 cent's to add or some advice for my situation then I'll gladly take it!
So ya, as requested... thats my update!
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