Asked advice about overpayment.... today they fired me!! ?

Undervalued

Manxman_in_exile wrote: »

I tend to agree with what others have said about the OP probably(?) not being a NHS employee. Most GPs are independent contractors but I'm unsure about who employs their non-clinical staff.


Without knowing all the ins and outs of this I am surprised that they would not agree to a repayment plan over the same period as the overpayment. Why the employer has taken this action I can only speculate.


I have no idea whom you complain to regarding an employment issue (apart, obviously, to the practice manager - what does it say about complaints in the "handbook"?).


I can't believe the local Care Commissioning Group would have any interest in this.


Oh - by the way - you're not registered as a patient at this surgery are you?

They are generally a partnership owned by some of the more senior doctors. Just like say a solicitors or architects practice. Often if you look at the website it will identify which of the GPs are partners and which are salaried employees. Most NHS dentists are similar.

As others have said it is very unlikely the CCG would have any interest in an employment dispute unless it somehow had implications for patient safety.

emberzburnout

Most contracts will have a clause in regards to over payments, or money owed to the company through misuse of equipment or uniforms etc.

I see you have located that clause. According to that clause, and most similar clauses, this should have been resolved via direct deductions from your wage.

If they have sacked you over this over repayment then that is unfair dismissal, If I'm understanding the facts correctly.

I would contact ACAS for more information on your employment rights, and I would also tell your employer that you will be going through ACAS or a relevant trade union to challenge what is unfair dismissal.

See if they change their tune then.

hellopigeon

I’m not entirely sure how to respond to a specific reply on here but to the user who asked if I am a patient at the GP practice... yes, I am. I have been for many years.

Can I ask why you asked that? Am I going to be excluded from being a patient now too?! :eek:

Undervalued

emberzburnout wrote: »

If they have sacked you over this over repayment then that is unfair dismissal, If I'm understanding the facts correctly.

I would contact ACAS for more information on your employment rights, and I would also tell your employer that you will be going through ACAS or a relevant trade union to challenge what is unfair dismissal.

See if they change their tune then.

Not its not and no you're not!

Firstly the OP only has eight months service so can be sacked for any reason, or no reason at all, with the exception of a few legally protected forms of discrimination or as a result of exerting a statutory right. No suggestion of any of those here.

Secondly the OP was on a zero hour contract so the employer could simply have stopped offering him / her any work.

Thirdly an employer is entitled to recover any over payment and any well written employment contract will give them the right to deduct the money from the wages. If you read their previous thread you will see that they were asked to make repayment but declined, claiming they did not have the money available.

Not that it is particularly relevant but it is not totally clear which party was to blame for the over payment, although the OP has admitted some responsibility. Legally it is as much an employee's responsibility as the employer's to ensure that they are paid the correct amount.

It may well be that the employer, rightly or wrongly, considers this to be mainly or entirely the OP's fault? If so that may well have been their motivation in taking immediate steps to recover the money and dispense with their services.

The OP is entitled to a week's notice (although on zero hour that is meaningless) plus payment for any untaken holiday but that is all.

Undervalued

hellopigeon wrote: »

I’m not entirely sure how to respond to a specific reply on here but to the user who asked if I am a patient at the GP practice... yes, I am. I have been for many years.

Can I ask why you asked that? Am I going to be excluded from being a patient now too?! :eek:

Unlikely I would have thought but would you want to remain a patient there under the circumstances?

In fact, I have known several people who have worked in GP practices and all have chosen to be a patient elsewhere for obvious and understandable reasons!

Manxman_in_exile

hellopigeon wrote: »

I’m not entirely sure how to respond to a specific reply on here but to the user who asked if I am a patient at the GP practice... yes, I am. I have been for many years.

Can I ask why you asked that? Am I going to be excluded from being a patient now too?! :eek:

It is not unknown for patients who have complained about their surgery to be kicked off their list. If that were to happen to you, you can complain, but do you want to be treated by a GP from a surgery you have complained about? That's why I asked - and I worked in the NHS for 25 years.

FBaby

I expect they don't believe you that you had no idea of the overpayment. Unless you work FT and a few more £100s would go unnoticed, as a bank staff it is hard to conceive that you would have had no clue.

If true, it implies that you are not diligent by nature to check things that you take for granted that others do properly. It shows that you have issues with your maths skills and that you are not good at budgeting. Your attitude that you demanded a repayment plan (and you didn't say what that was, it might have asked to repay £20 a month) shows lack of responsibility.

All the above might indeed putvinto question your ability to perform your job correctly and infer a concern over whether you can be trusted to deliver your duties without constantly needing supervision.

I expect its on this basis they decided to let you go which they are entitled to do as in post for only 8 months. GP practices are under massive pressure and more than ever rely on stafc they can rely on not to make huge mistakes of judgement.