Ex employer trying to claim money back from me... help and advice needed please!

MummaKing2

Hello all,
I was employed by a local primary school for the school year running from September of last year until August of this year on a temporary contract. A new head teacher joined and was informed that the school's budget for this year would be a deficit and that the school was not financially viable, so there would be some redundancies and people on temporary contracts would not be renewed in September, which was obviously me.
This week I have had a letter through the door from the head teacher to say that I was overpaid for the month of August, that my contract actually ended in July and could I please pay them back my month's wages as I was not entitled to it, so basically asking me to hand over £813!
I have checked through my P45 and original contract that was signed in September of last year and both say that my leaving date was 31st of August this year, so surely I am entitled to the money that I earned? I also checked on the pay and that seemed to all add up so I was paid what I'd earned pro-rata. I have outlined this with evidence attached in an email to the head teacher.
What I am wondering, is if they can make me pay that money back if I have proof that I earned it? Surely they cannot change the terms of my contract without informing me of it? Any advice would be appreciated.

sangie595

The school would be closed in August. So are you sure that you earned it? Term time working may mean that your salary was divided over twelve months, but it isn't clear here that that is what happened. You would need to ask them for the calculations they are using to say that you were overpaid.

MummaKing2

I was employed on a pro-rata basis, which means that my wages would be split throughout the year so that I was still paid during school holiday time. My pay for the year as stated on my contract was £9761.93, which split between the 12 months that my contract was for is £813 a month, so surely it works out that I was entitled to that money?

sangie595

And that makes sense. But you still haven't asked them to prove why you owe the money. It may be a mistake on their part. But you have to ask.

nimbo

My sister has often done year long supplies at schools and it common for her to get paid over August.

I’d try to stand your ground if the contract states the end of August.

Out of curiosity when did they give you the notice you wouldn’t get a new contract though? And how much notice did your contract require. My sister as a teacher is expected to give a term. But that is as a teacher. What did you’re contract state?

Zeni

I would just show evidence that you have said as if the end of contract date was August 31st as it seems to me you have a solid argument especially as you would actually lose out pay this way. I'm not aware they can change your contract without you knowing and it could have been an oversight on the previous head that the contract should have ended at the end of July if it was temporary but that's not your fault at all.

shortcrust

I'd be really interested to know how they reply to your email. I hope it's a mistake but who knows what financial pressures might make a new head try to do. Either way, it is rather adding insult to injury. Let us know.

trailingspouse

Supply work and short-term contracts are totally different.

Yes, supply teachers don't get paid during holidays (or if they're off sick), but they get a higher daily rate so that if a supply teacher worked every available day their pay would be equivalent to a 'normal' teacher.

A contract is a contract. And yours states that the contract ends on 31st August.

I'm surprised it's the Head that's dealing with this - surely payroll is organised centrally by the LEA? I wouldn't engage with them any further than you have already - the Head's said you've been over paid, you've said 'no I haven't and here's my evidence'. Leave them to make the next move.

shortcrust

trailingspouse wrote: »

Supply work and short-term contracts are totally different.

Yes, supply teachers don't get paid during holidays (or if they're off sick), but they get a higher daily rate so that if a supply teacher worked every available day their pay would be equivalent to a 'normal' teacher.

A contract is a contract. And yours states that the contract ends on 31st August.

I'm surprised it's the Head that's dealing with this - surely payroll is organised centrally by the LEA? I wouldn't engage with them any further than you have already - the Head's said you've been over paid, you've said 'no I haven't and here's my evidence'. Leave them to make the next move.

My guess is it’s an academy under pressure and that’s why the head's getting involved. More business than education.:(