Overpayment of Wages after leaving the company - Estoppel case

Another_not_new_user

getmore4less wrote: »

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.

OMG my brain must be frazzled! You are, of course, correct in that employees statutory notice is always one week. I have got myself so confused about how many weeks are here there and everywhere, and who gave who notice, that I think I should just go and lie down in a quiet corner.


Since the employee gave notice this is covered by section 87 (3) (b) - in other words one week (the final week). So that final week is the only week for which normal full pay is due - 88 (1) (b).


Now I shall go and lie down and think of nice things until my brain recovers.

Luke_Alderson

Another_not_new_user wrote: »

OMG my brain must be frazzled! You are, of course, correct in that employees statutory notice is always one week. I have got myself so confused about how many weeks are here there and everywhere, and who gave who notice, that I think I should just go and lie down in a quiet corner.


Since the employee gave notice this is covered by section 87 (3) (b) - in other words one week (the final week). So that final week is the only week for which normal full pay is due - 88 (1) (b).


Now I shall go and lie down and think of nice things until my brain recovers.

So can I just confirm what your saying... I was actually entitled to one of my notice weeks as full pay and the other as SSP even though I was off on the sick?

Luke_Alderson

LittleMissGiggles123 wrote: »

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?

You are pretty much right with how they claim to have overpaid me. I gave my sick note in straight away though, on the day I had it. However this was apparently a day or so after the payroll cut off, thus too late to make the necessary adjustments to process the SSP, this meant I was given basic pay for the period 18th -24th Oct.

I wasn't paid anything in Novemeber, all my payslip said was that I owed them money, but neither did I have access to my payslips or expect to have a payslip.

They contacted me with a letter and a different company (debt collection) would make arrangements for payments.

This is when I asked for payslips, a breakdown of pay etc etc.