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Employer seeking repayment of salary...after leaving
rjh35
Posts: 45 Forumite
Good Morning. Bit of advice required please.
My partner was suspended from work at the end of October last year (reasons not really relevant to this). She was called into a disciplinary hearing on the 21st November where she handed in her notice prior to this meeting as she had found another job.
She immediately left prior to any disciplinary action and did not return to work.
Her resignation letter did not state any period for leaving.
Her employment terms and conditions state 30 days notice is required by either party.
She had been paid for the whole month of November.
Just before Christmas a letter came from the group HR department asking for repayment of wages from 21st November until the end of the month, less a few hours holiday still owed. It was verbally agreed with her line manager prior after she handed her notice in that she did not have to work until the end of the month, and it would be ‘sorted’. She would have gladly worked her 30 day notice period.
The group HR department are demanding this money. We sent letter stating that we would not pay and what had been agreed, but they are still demanding the money.
How I see it…
She was suspended from work and no disciplinary hearing was undertaken, so she would still be suspended. She would still be suspended from work as this was never withdrawn. Nothing was signed by her to waive the terms and conditions of employment, so the 30 day notice would still stand after she put in her letter of resignation.
Group HR have stated that they have a letter sent to my partner stating that the termination of her employment was immediate. We have not received this and she has signed nothing to any change of terms.
Any advice or are we going down a lost cause?
The sum is a few hundred pounds but nothing major, can’t really afford to pay it all in one go though.
If they do give in and do not chase the money…could we request the salary for the 30 ay period that would run into the middle of December…or is it not worth going down that route??
Any advice greatly appreciated.
My partner was suspended from work at the end of October last year (reasons not really relevant to this). She was called into a disciplinary hearing on the 21st November where she handed in her notice prior to this meeting as she had found another job.
She immediately left prior to any disciplinary action and did not return to work.
Her resignation letter did not state any period for leaving.
Her employment terms and conditions state 30 days notice is required by either party.
She had been paid for the whole month of November.
Just before Christmas a letter came from the group HR department asking for repayment of wages from 21st November until the end of the month, less a few hours holiday still owed. It was verbally agreed with her line manager prior after she handed her notice in that she did not have to work until the end of the month, and it would be ‘sorted’. She would have gladly worked her 30 day notice period.
The group HR department are demanding this money. We sent letter stating that we would not pay and what had been agreed, but they are still demanding the money.
How I see it…
She was suspended from work and no disciplinary hearing was undertaken, so she would still be suspended. She would still be suspended from work as this was never withdrawn. Nothing was signed by her to waive the terms and conditions of employment, so the 30 day notice would still stand after she put in her letter of resignation.
Group HR have stated that they have a letter sent to my partner stating that the termination of her employment was immediate. We have not received this and she has signed nothing to any change of terms.
Any advice or are we going down a lost cause?
The sum is a few hundred pounds but nothing major, can’t really afford to pay it all in one go though.
If they do give in and do not chase the money…could we request the salary for the 30 ay period that would run into the middle of December…or is it not worth going down that route??
Any advice greatly appreciated.
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Comments
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best check with ACAS or CAB, but if verbally agreed (any witnesses?) that didnt have to work notice, they surely have nothing due back..?Long time away from MSE, been dealing real life stuff..
Sometimes seen lurking on the compers forum :-)0 -
She immediately left prior to any disciplinary action and did not return to work.
Her resignation letter did not state any period for leaving.
Her employment terms and conditions state 30 days notice is required by either party.
She had been paid for the whole month of November.
Just before Christmas a letter came from the group HR department asking for repayment of wages from 21st November until the end of the month, less a few hours holiday still owed. It was verbally agreed with her line manager prior after she handed her notice in that she did not have to work until the end of the month, and it would be ‘sorted’. She would have gladly worked her 30 day notice period.
Her line manager agreeing that she didn't have to work her full notice period is not the same as saying that she'll still get paid for her full notice period. You say that she had already got another job.. since when do you get paid by a company for working elsewhere?
IMO they are completely within their rights to ask for their money back, including money in lieu of non-accrued holiday.0 -
Hi, thanks for the comments
She did not start her job until middle of December so was not getting paid by her former employer to work elsewhere.
They actually owed her holiday and this has been deducted from the amount they are requesting.
The thing is, it is all a bit 'skechy' at best to what has been agreed.
How are they within their right to claim the money back? If verbally it was sorted until the end of the month (if a verbal agreement means anything) then it was sorted until the end of the month. If they cannot prove this, then surely her terms and conditions of employment still stand, so a 30-day notice period is in place. Whether she turns up or not to work during this 30 day notice does not mean it has been waived (she could still have been suspended, disciplined or sacked, or stayed at work).0 -
No, you're missing my point.
I'm assuming that her former employer agreed to reduce the notice period on her side, in order for her to leave earlier than would normally be allowed. This does NOT necessarily mean that it was agreed that they would pay her for her full notice period.
Has she spoken to her former manager, and asked him exactly what his understanding of the agreement was?0 -
No, you're missing my point.
I'm assuming that her former employer agreed to reduce the notice period on her side, in order for her to leave earlier than would normally be allowed. This does NOT necessarily mean that it was agreed that they would pay her for her full notice period.
Has she spoken to her former manager, and asked him exactly what his understanding of the agreement was?
Sorry GPedro, and thanks for responding
Yes her employer agreed to reduce her notice period as the understanding was...she did not want to return to work as her authority there would make it unworkable due to her suspension. As she had been paid until the end of the month, they would reduce her notice period to the end of the month, not to the date that she handed in her notice.
This was verbally agreed and nothing signed. Now the Group HR (completely seperate...large banking firm) want her to repay her salary to the date she handed in her notice.
We do not think we should re-pay this money after what was verbally agreed, but how can we (or they) prove what was agreed. If nothing can be proved, surely her 30 day notice period stands.0 -
Sorry GPedro, and thanks for responding
Yes her employer agreed to reduce her notice period as the understanding was...she did not want to return to work as her authority there would make it unworkable due to her suspension. As she had been paid until the end of the month, they would reduce her notice period to the end of the month, not to the date that she handed in her notice.
This was verbally agreed and nothing signed. Now the Group HR (completely seperate...large banking firm) want her to repay her salary to the date she handed in her notice.
We do not think we should re-pay this money after what was verbally agreed, but how can we (or they) prove what was agreed. If nothing can be proved, surely her 30 day notice period stands.
Ah ok, I think i misunderstood slightly before.. thanks for clarifying.
In that case, I really think the onus rests on her former manager to confirm, or otherwise, what was agreed between the two of them. If he still works there, then you should be in contact with him about it.
If he agrees with you, then he should be able to sort it out with HR. Because, as it stands, he didn't 'sort it' at all, did he? :rolleyes:
If he doesn't agree, or refuses to help, then I think you might be onto a loser. After all, without his word, your partner effectively just walked out never to come back.0 -
Thanks
I will tell her to get in touch with her former manager but the last letter from HR said that her former manager had informed in writing to my partner that her employment was terminated onthe date she handed in her notice. We never recieved such a letter and have requested a copy from HR. However, would I understand correctly that my partner would have to sign such a agreement to change the terms of notice period? Does the verbal agreement mean anything? Don't really know where we stand, though got a feeling we are onto a loser!
Will see how it goes and await there next response!!0 -
Sorry...I am not helping at all really by coming up with new bits of info after my original post!!
Hope you can still help!!
Cheers0 -
rjh
Not that I am naturally cynical but.... it wouldnt be too difficult for any company to date a letter as having been sent previously, if you think this has happened with any letter you receive you could consider information requests under the Data Protection Act and the Freedom of Information Act to determine the truth about the original date of creation of the alleged letter
not that any reputable company would act like that anyway ............0 -
rjh
Not that I am naturally cynical but.... it wouldnt be too difficult for any company to date a letter as having been sent previously, if you think this has happened with any letter you receive you could consider information requests under the Data Protection Act and the Freedom of Information Act to determine the truth about the original date of creation of the alleged letter
not that any reputable company would act like that anyway ............
Freedom of Information has nothing to do with this case.
Data Protection would allow access to the personnel file but if a letter has been constructed with a false date then it is unlikely that it will be evidenced from the file - which would be read carefully by the data controller before releasing copies.0
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