Overpayment of Wages after leaving the company - Estoppel case

getmore4less

Another_not_new_user wrote: »

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.

The OP said they had worked there 5 years so employer notice probably statutory(5 weeks) allthough that has not been clarified.

Luke_Alderson

getmore4less wrote: »

The OP said they had worked there 5 years so employer notice probably statutory(5 weeks) allthough that has not been clarified.

Yeah this is correct, a week for every year I have been there upto a maximum of 12 weeks.

So where do I stand with regards to this pay during my notice period?

getmore4less

My take

Employer notice to you is statutory so the exclusion does not apply.

You are entitled to full pay for your statutory notice week.

Luke_Alderson

getmore4less wrote: »

My take

Employer notice to you is statutory so the exclusion does not apply.

You are entitled to full pay for your statutory notice week.

For just the one week of the 2 week notice period yes?

Another_not_new_user

I have read all the posts relating to the periods here and I am still utterly confused. You had completed a full five years yes - five weeks statutory notice from the employer. Now how many weeks notice did you have to give - two or four or some other number - because it seems you say you had to give two but gave four? Maybe. I am not sure.

If it is four (or more than two) then the final two weeks ONLY are counted. Assuming your notice period that you had to give was only two weeks.

Luke_Alderson

Another_not_new_user wrote: »

I have read all the posts relating to the periods here and I am still utterly confused. You had completed a full five years yes - five weeks statutory notice from the employer. Now how many weeks notice did you have to give - two or four or some other number - because it seems you say you had to give two but gave four? Maybe. I am not sure.

If it is four (or more than two) then the final two weeks ONLY are counted. Assuming your notice period that you had to give was only two weeks.

Okay I shall clear up. My notice period that I had to give them was 2 weeks. I was off sick for 4 weeks (and handed my notice in half way through the 4 weeks, hence had my two week notice off on the sick)

I have checked and I was with company for 6 years and 2 months so statutory notice from them would be 6.

So my notice was 2 and theirs would have been 6.

So anyone know where i stand?

SeduLOUs

Just to throw another spanner into the works, where were you up to with holidays when you left?

I find it pretty rare for someone to leave without having outstanding holiday allowance, so there could be some money there to offset against the overpayment.

Bear in mind there's also a possibility that you used more holiday than you had accrued if you left mid-holiday year as it would be recalculated on a pro-rata basis.

Luke_Alderson

SeduLOUs wrote: »

Just to throw another spanner into the works, where were you up to with holidays when you left?

I find it pretty rare for someone to leave without having outstanding holiday allowance, so there could be some money there to offset against the overpayment.

Bear in mind there's also a possibility that you used more holiday than you had accrued if you left mid-holiday year as it would be recalculated on a pro-rata basis.

Yeah I owed them a days holiday but I was aware of that and they took it off me correctly.

getmore4less

Another_not_new_user wrote: »

I have read all the posts relating to the periods here and I am still utterly confused. You had completed a full five years yes - five weeks statutory notice from the employer. Now how many weeks notice did you have to give - two or four or some other number - because it seems you say you had to give two but gave four? Maybe. I am not sure.

If it is four (or more than two) then the final two weeks ONLY are counted. Assuming your notice period that you had to give was only two weeks.

I don't have the legislation in front of me, but I did re read after your previous correction to my assumption it was notice, I though you were right that the employee resigning only the statutory(1 week) employee notice is due a full payment during notice not the full contractual notice of the employee.

LittleMissGiggles123

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.

You said here that they paid you too much in October because you didn't send your sick note in, so were paid basic instead of SSP. Is it possible this is what the overpayment was & after processing the payroll they have worked out what the overpayment was (in this case £250), processed another payslip just showing the amendment of the overpayment & just paid October & the extra payslip (November) as one sum.

So for example (figures just for example)

October payroll, basic £1500 (including overpayment of £250)
They calculate your final pay because you've handed your notice in & are signed off sick & find an overpayment so produce 'November' payslip for you, showing a deduction of £250.

They deduct November from October & just pay you £1250.

Just a thought as you say you weren't actually aware of any new payslip because you'd already left.

I know it's not likely but they don't seem to have contacted you (apologies if you said they have but I didn't notice you saying they've contacted you) & you said yourself that you were overpaid in October because of missing the cutoff for submitting your doctors note.

Another suggestion, if you can't access the payslip properly have you contacted them for a copy to be posted to you? You should at least do this as you are entitled to your payslips & presumably you have your P45 from them also?