overpaid salary after dismissal and reinstatement

KiKi

her_up_north wrote: »

yes kiki i did pay off 2 debts very shortly before reinstatement and before i knew of the overpayment...after weeks of being very unwell though i wouldnt say it was deliberate..more a case of common sense and i dont have to justify those actions to anyone as is it doesnt alter the fact that they made the mistake in the first place

I'm not asking you to justify it. I'm not saying they didn't make a mistake.

I'm just telling you what you originally asked: that you have to pay it back because they're allowed to make mistakes and they are allowed to rectify them. You're giving every reason why you feel you shouldn't have to, so I'm countering them! There's no point encouraging you to do otherwise, as you won't have the law on your side.

KiKi

getmore4less

In the first post you say you did not know you had been overpaid the money

Now you say you paid of credit cards and personal debt with it!

wouldn't that have put you into overdraft if you had not been overpaid?

I think you will have a hard time convincing anyone that you did not know about the overpayment.

I think you need to negotiate a repayment plan even try to delay payments pending the ET, get the union on the case.

marybelle01

I mostly agree with everyone else. But there is a very outside chance, and it's something I don't know alot about, but at work we have had cases of people who are suffering proveable mental illness not having to pay back debts. There's a lawyer on the Redundancy Forum. Google it. She might be able to help. And she will give you a straight answer if she knows it, good or bad.

newbutold

Whether you knew about there mistake or not is irrelevant. You have been overpaid by mistake and therefore have to repay it.

What you could do is offer them a repayment plan that you can afford each month.

newbutold

You could ask them if they are willing to write off the overpayment as a gesture of good will, however from what you have said so far this is likely to effect your tax credits. Therefore you will probably be better to pay it back at a small amount each month .

Googlewhacker

marybelle01 wrote: »

I mostly agree with everyone else. But there is a very outside chance, and it's something I don't know alot about, but at work we have had cases of people who are suffering proveable mental illness not having to pay back debts. There's a lawyer on the Redundancy Forum. Google it. She might be able to help. And she will give you a straight answer if she knows it, good or bad.

I doubt the repayment of debts would count, I can see the arguement if the debt is created whilst mentally ill but the repayment of one debt to create another....prob not

her_up_north

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marybelle01

Googlewhacker wrote: »

I doubt the repayment of debts would count, I can see the arguement if the debt is created whilst mentally ill but the repayment of one debt to create another....prob not

It does if you couldn't possibly have understood that the money you received was incorrect. I know it may be a leap but isn't it worth checking? I don't know enough myself as we have a specialist team who deal with these things. But the worst case scenario is that it has to be paid back. So it's worth asking.

DVardysShadow

marybelle01 wrote: »

It does if you couldn't possibly have understood that the money you received was incorrect. I know it may be a leap but isn't it worth checking? I don't know enough myself as we have a specialist team who deal with these things. But the worst case scenario is that it has to be paid back. So it's worth asking.

The risk is that going forward with that argument provides the evidence for the employer to dismiss OP on capability grounds. Like be careful what you wish for.

marybelle01

DVardysShadow wrote: »

The risk is that going forward with that argument provides the evidence for the employer to dismiss OP on capability grounds. Like be careful what you wish for.

Why? Incapability in the past doesn't mean incapability now, especially if the stress of an unfair dismissal which the employer admitted was the cause.