Ex employer says they over estimated my redundancy

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cravingsavings
cravingsavings Posts: 13 Forumite
in Redundancy & redundancy planning
Having worked at a firm for 27 years the company asked for voluntary redundancies. I along with several other members of staff were given a print out of their redundancy pay and volunteered for redundancy. A month after leaving the company and having received my redundancy pay(amount as agreed) the company have sent me a letter stating that they miscalculated the amount of severance pay I was entitled to and request that I pay back £5351. (They have sent a similar letter to other ex employees). The company made me a redundancy offer, which I accepted surely the company cannot change the offer after I have been paid and left the company. Any thoughts legally or otherwise would be appreciated.

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  • antrobus
    antrobus Posts: 17,386 Forumite
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    cravingsavings wrote: »
    Having worked at a firm for 27 years the company asked for voluntary redundancies. I along with several other members of staff were given a print out of their redundancy pay and volunteered for redundancy. A month after leaving the company and having received my redundancy pay(amount as agreed) the company have sent me a letter stating that they miscalculated the amount of severance pay I was entitled to and request that I pay back £5351. (They have sent a similar letter to other ex employees). The company made me a redundancy offer, which I accepted surely the company cannot change the offer after I have been paid and left the company. Any thoughts legally or otherwise would be appreciated.

    Company made an offer, you accepted the offer. You stopped working for the company, and the company paid you the offer amount. The contract is now concluded.

    Refer them to the reply given in Arkell v Pressdram (1971). Which is polite legalese for &*$^ off.
  • Andypandyboy
    Andypandyboy Posts: 2,472 Forumite
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    I expect the terms included the words "full and final settlement" if so, that is binding on both sides.

    I agree with the poster above, refer them to Arkell v Pressdram!
  • daytona0
    daytona0 Posts: 2,358 Forumite
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    "You may have over-estimated my redundancy amount, but I have under-estimated your incompetence"
  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538 Forumite
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    daytona0 wrote: »
    "You may have over-estimated my redundancy amount, but I have under-estimated your incompetence"
    Should it not be 'over estimated your incompetence'?
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • cravingsavings
    cravingsavings Posts: 13 Forumite
    edited 15 November 2015 at 9:59PM
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    That's the way I look at it, They made me an offer and I accepted it. The company had 6 weeks from making their offer until I left the company.
  • The_Pedant
    The_Pedant Posts: 634 Forumite
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    What documentation do you have over the payment you received?
    Does what you received match the documentation?

    For example, if there's any breakdown of what you will receive for each year, or they said "we will give you £x" but gave you more, then yes, they could ask for the return of an over-paid amount (the same way as if they over paid salary)

    If however you have a document that says "We will give you £y" (or a total payment based on £y per year etc which works out correctly) which matches what you received, then as others have said contract was agreed & is now concluded.
  • junkyarddog
    junkyarddog Posts: 10 Forumite
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    Your decision to accept voluntary redundancy was based on their figures. They offered and you accepted, a contract was made. Stand your ground.
  • cravingsavings
    cravingsavings Posts: 13 Forumite
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    They gave me a break down of my estimated redundancy package in writing on two separate occasions about two weeks apart, then paid me the exact amounts that was in the estimated redundancy quote. Four weeks after leaving the company they sent me a letter stating that there figures were wrong and would I get in touch with them to organize to repay the overpayment.
  • comeandgo
    comeandgo Posts: 5,748 Forumite
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    Why was it estimated and not actual figures? Did you sign any agreements that it was full and final settlement?
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
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    I would say yes it is wrong, any statutory redundancy should have been paid along with the offer of voluntary redundancy.
    One was an offer, the other is compulsory, please forward £XXXX owed for the compulsory payment.
    I do Contracts, all day every day.
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