Overpayment of Wages after leaving the company - Estoppel case

Undervalued

Luke_Alderson wrote: »

My notice period was only 2 weeks.

That is not lawful if it was the employer giving notice.

Statutory minimum notice from the employer is one week for employment lasting from one month to two years. After that it is one week for each complete year worked up to a maximum of twelve. A contract can require more notice than this but not less.

However, notice given by the employee never increases above one week unless more is specified in the contract.

In most cases notice when the employee is off sick has to be paid in full even if all sick pay has run out.

Luke_Alderson

Undervalued wrote: »

That is not lawful if it was the employer giving notice.

Statutory minimum notice from the employer is one week for employment lasting from one month to two years. After that it is one week for each complete year worked up to a maximum of twelve. A contract can require more notice than this but not less.

However, notice given by the employee never increases above one week unless more is specified in the contract.

In most cases notice when the employee is off sick has to be paid in full even if all sick pay has run out.

It states in my contract that for 2 years continuous service or more the notice on my part is 2 weeks. I gave notice not my employer.

So even though I was on the sick was I supposed to have full pay during that notice period?

Another_not_new_user

Luke_Alderson wrote: »

It states in my contract that for 2 years continuous service or more the notice on my part is 2 weeks. I gave notice not my employer.

So even though I was on the sick was I supposed to have full pay during that notice period?

No. The provision only applies to statutory notice - it does not apply if you contractual notice period is a week or more than statutory notice.

I am confused by your explanation of how you didn't know that you had been overpaid - you knew that you were off sick; and you knew that your entitlement was to SSP and not full pay. So no matter what you were told, you must have known that it was wrong?

Undervalued

Luke_Alderson wrote: »

It states in my contract that for 2 years continuous service or more the notice on my part is 2 weeks. I gave notice not my employer.

So even though I was on the sick was I supposed to have full pay during that notice period?

Sadly not in this case. Had they given you notice..........

getmore4less

Another_not_new_user wrote: »

No. The provision only applies to statutory notice - it does not apply if you contractual notice period is a week or more than statutory notice.

I am confused by your explanation of how you didn't know that you had been overpaid - you knew that you were off sick; and you knew that your entitlement was to SSP and not full pay. So no matter what you were told, you must have known that it was wrong?

The act says the exclusion only applies if the employer notice is more.

(4)This section does not apply in relation to a notice given by the employer or the employee if the notice to be given by the employer to terminate the contract must be at least one week more than the notice required by section 86(1).

I make that 1 week pay, 2 week sick 1 week pay(for the statutory notice).

Luke_Alderson

Another_not_new_user wrote: »

No. The provision only applies to statutory notice - it does not apply if you contractual notice period is a week or more than statutory notice.

I am confused by your explanation of how you didn't know that you had been overpaid - you knew that you were off sick; and you knew that your entitlement was to SSP and not full pay. So no matter what you were told, you must have known that it was wrong?

Does it actually matter WHY i thought I was not overpaid. The fact is i thought I was overpaid, supporting by me ringing HR to check my pay and them telling me no its all correct.

I was off for 4 weeks. To me that meant 1 week full pay and 3 as statutory sick. I Worked this out to be a certain figure and my pay was less than this. Hence me thinking I was underpaid and hence me ringing to check...

Also, at the time I was aware I had earned a bonus (along with all other managers) and was expecting a quite large amount (compared to my salary) to be paid also. I was unaware at this time even if you worked the whole month before and earned it that you were not paid it because you were off sick on the payday.

So yeah I thought I was underpaid, far from thinking I was paid too much.

Undervalued

getmore4less wrote: »

The act says the exclusion only applies if the employer notice is more.

(4)This section does not apply in relation to a notice given by the employer or the employee if the notice to be given by the employer to terminate the contract must be at least one week more than the notice required by section 86(1).

I make that 1 week pay, 2 week sick 1 week pay(for the statutory notice).

ANNU is the expert and will hopefully respond but I don't think you are reading this correctly.

Another_not_new_user

getmore4less wrote: »

The act says the exclusion only applies if the employer notice is more.

(4)This section does not apply in relation to a notice given by the employer or the employee if the notice to be given by the employer to terminate the contract must be at least one week more than the notice required by section 86(1).

I make that 1 week pay, 2 week sick 1 week pay(for the statutory notice).

Sorry - I did not notice the OP had actually resigned. But it if the employers notice period is more, then it still applies even if the OP resigns.

I haven't read through the whole thread as I normally would because the whole argument about estoppel bores the hell out of me - too much talked about and almost never applies.

Luke_Alderson

Wow I am confused. Thanks for all help and advice on this everyone, even if we aren't agreeing

Another_not_new_user

Luke_Alderson wrote: »

Does it actually matter WHY i thought I was not overpaid. The fact is i thought I was overpaid, supporting by me ringing HR to check my pay and them telling me no its all correct.

I was off for 4 weeks. To me that meant 1 week full pay and 3 as statutory sick. I Worked this out to be a certain figure and my pay was less than this. Hence me thinking I was underpaid and hence me ringing to check...

Also, at the time I was aware I had earned a bonus (along with all other managers) and was expecting a quite large amount (compared to my salary) to be paid also. I was unaware at this time even if you worked the whole month before and earned it that you were not paid it because you were off sick on the payday.

So yeah I thought I was underpaid, far from thinking I was paid too much.

Answer - yes it does if you want to stand any chance of arguing estoppel - which is highly unlikely to succeed.