Overpayment by former employer - Advice needed

nat_

Hello everyone,

I'm hoping someone on here can give me some advice.

Basically I have just recently been sacked from my job with a weeks notice, due to not being able to go into work as I was put back on antidepressants and signed off. I was signed off a few weeks, and then on the following Monday, I got a call from the HR manager telling me they were giving me my week's notice. As I was signed off work, but not from that Monday onwards (as I was planning on going back to work on that Tuesday), are there any legalities that I should be aware of? Are they able to do this? Sorry if it sounds like a silly question!

My second question is regarding overpayment. I recently received my payslip, with a fair amount of money on it. Now I was confused and thought I had been overpaid, so I called the Payroll department and she told me that the amount was correct. So as I had been told this, I assumed it was fine. Then today I get a letter asking for £156 back from my paycheck as they had overpaid me. What can I do about this?? Obviously now I am jobless, waiting for ESA or JSA, and cannot pay that amount back in one go.

Any advice is greatly appreciated. Thankyou!

Hammyman

You are legally required to repay the money. The best you can do is ring them and explain the situation, what the payroll dept said and if they can come to some arrangement.

RedSoleShoes

I think you should ask them for a breakdown, in writing, of the amount you should have received so you can see exactly where the mistake is. I would do this before I paid any money back. Did you not get a payslip?

SarEl

And on top of this - what do you mean "put back on anti-depressants". Do you have a history of mental health problems and did the employer know about this. Because if so the dismissal may well be unfair (probably is)

wynnvegas

SarEl wrote: »

And on top of this - what do you mean "put back on anti-depressants". Do you have a history of mental health problems and did the employer know about this. Because if so the dismissal may well be unfair (probably is)

that's a bit too much of a sweeping statement I'm afraid. No point raising the OP's hopes of an unfair dismissal payout on the scant information available.

Nat, Hammyman's advice is spot on.

Cheers,

Billy

SarEl

wynnvegas wrote: »

that's a bit too much of a sweeping statement I'm afraid. No point raising the OP's hopes of an unfair dismissal payout on the scant information available.

No it is not. If the OP was dismissed via a phone call that is automatically unfair, and if a disability is involved then protections against unfair dismissal are from day one of employment - not 52 weeks. Therefore, if there is a history of mental health problems and the employer knew this then there is a case of unfair dismissal to answer - indeed, even if the employer did not know of a history, if they knew the reason why the employee was off sick (mental health) then there is still a good argument that it is discrimination because the employer should have been considerably more careful to cover themselves and followed correct processes. I did not raise any hopes about a payout - payouts are actually much lower than most people think - but about there being a good case - which there could well be!