Overpayment from Employer

solarsells · 4 October 2012 at 5:43PM

.
I worked for a council and got a better job inthe private sector. My contract stated I had to give one months’ notice.However My new employer wanted me to start straight away. I did not wish toupset the council and suggested that I worked one day a week at the council tohelp with the transfer of knowledge. I was told that this was not acceptable. I was in an awkward position where I had to try and satisfy new and oldemployer. I told the council that I would be starting the new job the followingweek and we would have to negotiate the notice period. It was arranged todiscuss the matter on the Friday. However the Friday came and went and theperson I was meant to see was not available. From this I assumed one day a weekwould be ok. I started my job the following week and went back into the councilon the following Friday as promised. The council had attempted to deny meaccess to the building, but I was able to get in anyway. I was also meantto clock in on a computer time recorder system but my access to the systems hadbeen withdrawn. However I stayed at the council and had my meetings and didsome training as expected.

During my time at the council I had worked for 3 months inmy own time developing a mobile working system for them. This was done at homein my own time as the council did not have the required equipment to developthe system. I received no monies for this.

I then received a letter from the council that I would becharged for 3 days that I had been paid for and had not worked. I said I wouldnot pay as they did not give me the opportunity to negotiate a mutuallyacceptable notice period.

Do I have any rights here in what has happened.

rising_from_the_ashes · 4 October 2012 at 8:03PM

Sorry but no ..... Although it may be possible to agree an earlier exit date than required - this is only if it's mutually agreed by both parties (and you should then have this confirmed in writing).

As it stands, you walked away without working your legal notice period and you're actually lucky that they're not asking for that amount to be paid back. (sorry).

kirstyboo70 · 16 June 2015 at 9:18PM

Can anyone help me? My mum has worked for the local county council for 34 years in a management role. She was 65 last year and has since taken semi retirement and also received her one off pension payout as well as her monthly pension along side her reduced wages, Nothing wrong so far.

However today she received a phone call from Payroll saying that when THEY changed the payroll system back in 2011 THEY made a mistake and so for the last 4 years she has been overpaid and needs to pay them £6,000.

Now this works out at about £125 a month over payment which some may say why didn't she notice it straight away? Well she is a manager of an emergency duty team working 17 and half hour shifts out of hours, including Bank Holidays. She also never had a flat month as some months shifts altered plus she had to cover other shifts as overtime etc, as she was also on a high salary a smaller amount such as this was not an obvious amount.

Circumstances change and she now financially supports my elderly diabetic father, my chronically ill brother as well as working part time. The pension payout paid off most of her mortgage so when £6000 was once an amount she could afford now she can't. She is terrified.

Apparently she is not the only one this has happened too. When this happened in another department a few months ago and which appeared an isolated case (although we now know different!) the Council just didn't pay the workers for two months to clear their debt ... this left young families with mortgages and bills unpaid and no money for food etc! Obviously this caused a stink but not before the damage was done.

Exactly where does she stand on this?
I have advised her to offer £6 a month as she is a pensioner with dependents after all and even if she lives to a hundred they will still be waiting bless her!

Please any helpful advice totally appreciated.

Thank you

Kirsty