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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My son works Royal Mail in the sorting office and has

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My son works for the Royal Mail in the sorting office and has been moved to another area to work due to his previous depot closing down. He agreed to be paid £8,000 to cover travel costs for the first year. He received it £5,000 last week and was taxed £3,000. He is very unhappy there and wants to leave but has been told he will need to give the post office the whole £8000 even though he has only actually received £5000 in his hand. What is his position legally as this seems to be a bit of trap/con? Can you advise?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long has he worked for this employer?
Customer: replied 1 year ago.
He has worked for the post office in total for about 8 years but has only been at the new depot for 3 weeks.
Was there an agreement for this amount to be repaid in the event he left?
Customer: replied 1 year ago.
He thinks he signed something to say he agreed to pay it back (doesn't have a copy of this paperwork) and is more than happy to pay back the 5000 as he has not spent any of the money. The problem is that he has had the tax taken out by the employer as a lump sum so does not have the remaining 3000 and is not sure how he would get this back.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Any tax paid, which in the end amounts to an overpayment (i.e. taxes he should not have paid) can be reclaimed from HMRC. Basically, he was taxed when he received the payments, but if he subsequently has to return them to the employer, then any tax paid will be due back as overall he would not have received the money in question. It is best if he contacts HMRC first on 0300(###) ###-####to check exactly what he can and can’t do in the circumstances and the process he must follow. He should do this before he agrees to pay anything back just to be certain of his position in that respect. On the assumption that HMRC confirm he would be due back the tax he paid he could refund the whole sum, knowing that the tax refund will offset the amount he had t repay. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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