Overpayment of Wages after leaving the company - Estoppel case

Undervalued

Luke_Alderson wrote: »

Do you agree though that my employer telling me my pay is correct when I rang to query is enough for me to think I am entitled to it?

Or am i missing something, in which case what else would you do?
I

In terms of winning an estoppel case then no, I don't.

In terms of persuading your former employer to let you off, compromise on the amount and / or give you extended time to pay then it may well be. There is nothing to be lost in trying.

Luke_Alderson

Undervalued wrote: »

In terms of winning an estoppel case then no, I don't.

In terms of persuading your former employer to let you off, compromise on the amount and / or give you extended time to pay then it may well be. There is nothing to be lost in trying.

Do you work? If so what do you do every payday to confirm your pay is correct? (so this doesn't happen again)

Should I request written confirmation with every payslip?

Something is seriously messed up if my employee confirming my pay is correct is not enough for me to think I am entitled to the money.

Undervalued

Luke_Alderson wrote: »

Do you work? If so what do you do every payday to confirm your pay is correct? (so this doesn't happen again)

Should I request written confirmation with every payslip?

Something is seriously messed up if my employee confirming my pay is correct is not enough for me to think I am entitled to the money.

I'm sorry but I don't want to conduct an argument about this.

I'm telling you my understanding of the legal position based on the information you have given. It doesn't matter whether you or I think it morally right or wrong.

The general principle is that you should not benefit from somebody else's mistake. If you had somehow incurred costs as a result of their mistake (although it is hard to see how in this case) you could certainly look to them to make those good but you do not get the right to keep the rest.

The fairly rare concept of estoppel is occasionally an exception (which is how all this started) but in my opinion it would not apply here.

As I said, if you want to be totally sure (as far as you can be without actually going to court) then you will need to seek legal advice from an accountable source. Unless you have legal expenses insurance or a trade union membership you will have to pay for this. If you have access to free legal advice then take it for your own peace of mind. If you don't you will have to decide if it is worth the gamble of paying for advice.

I'm afraid with that I'm out.

getmore4less

Why are they saying they overpaid.

How long had you worked there

Mistral001

Luke_Alderson wrote: »

Yeah sorry I meant it is just a case of finding out if they record calls so that I stand any chance of having an argument.

If I were you I would forget about recordings and just trust your own recollection. Remember recordings have limited use anyway and also remember if any recording exist, it is their recording. They may only be useful for their own internal investigations as others have said.

Luke_Alderson

getmore4less wrote: »

Why are they saying they overpaid.

How long had you worked there

I Worked there for over 5 years.

Its a long complicated answer on how they overpaid me. They received a sick note from me dated the 17th - 26th OCT two days after the October payroll cut off (and thus too late to make the necessary adjustments to process the SSP I was entitled too). This meant I was paid basic pay for the period 18th Oct - 24th October (which as I had been signed off on sick for that period I was not entitled too)

It is apparently due to the timing of my last fit note submission that the incorrect payment of basic pay occurred and neither I could have submitted the note any earlier, nor the company have processed it any earlier.

Luke_Alderson

Mistral001 wrote: »

If I were you I would forget about recordings and just trust your own recollection. Remember recordings have limited use anyway and also remember if any recording exist, it is their recording. They may only be useful for their own internal investigations as others have said.

I trust my own recollection. The woman I spoke with was rather abrupt and adamant my pay was correct...when clearly it wasn't.

I just thought the actual recording physical proof of what was said rather than me just saying what was said.

getmore4less

Luke_Alderson wrote: »

I Worked there for over 5 years.

Its a long complicated answer on how they overpaid me. They received a sick note from me dated the 17th - 26th OCT two days after the October payroll cut off (and thus too late to make the necessary adjustments to process the SSP I was entitled too). This meant I was paid basic pay for the period 18th Oct - 24th October (which as I had been signed off on sick for that period I was not entitled too)

It is apparently due to the timing of my last fit note submission that the incorrect payment of basic pay occurred and neither I could have submitted the note any earlier, nor the company have processed it any earlier.

If you worked there 5 years and were on 4 weeks notice(and statutory notice of 5 weeks from employer) then you are entiltled to FULL pay during notice even when sick.


In the employment act unless some case law has changed it.

have a read section 88.1.b in conjunction with 87.2
http://www.legislation.gov.uk/ukpga/1996/18/part/IX

Luke_Alderson

getmore4less wrote: »

If you worked there 5 years and were on 4 weeks notice(and statutory notice of 5 weeks from employer) then you are entiltled to FULL pay during notice even when sick.


In the employment act unless some case law has changed it.



My notice period was only 2 weeks.

getmore4less

getmore4less wrote: »

If you worked there 5 years and were on 4 weeks notice(and statutory notice of 5 weeks from employer) then you are entiltled to FULL pay during notice even when sick.


In the employment act unless some case law has changed it.



My notice period was only 2 weeks.

I got 4 weeks in my head from the first post(I did not reread it)

OK now I think it is 1 week pay, 1 week sick, 2 weeks notice in full even if you were sick.