Ex-employer says I owe them money?(

Tony_b_2

My ex-employer has written to me this week, claiming that they have overpaid me £650.00 and they have sent me an invoice asking for payment by 9th April. I can’t afford this, and even if I could I’m not sure I am obliged to pay them anyway.
I’m not disputing that they’ve overpaid me, but I am disputing that it was an accidental overpayment, I believe it to be an overpayment due to wilful neglect on the part of my departmental manager, who has deliberately withheld the fact that I had left the organisation from the wages dept.
For a large amount of last year I had been absent from work with anxiety and depression, I believe that pressure placed on employees by my employer contributed heavily to my condition. Ultimately, after a six week absence I wrote to my employer informing them that I would be resigning with immediate effect and regrettably I wouldn’t be able to work any notice because of my condition. A few days later I received a letter from my manager stating that they weren’t accepting my resignation and that I should return to work or obtain another sick note, I didn’t respond to this, as far as I was concerned I had resigned with immediate effect, on health grounds. I believe that during the next month my manager deliberately withheld the fact that I had left from the wages dept and so consequently I received a wage a month after I had resigned. Any thoughts would be welcomed?

Masomnia

If they've paid you for your notice period that you didn't work then it seems pretty obvious that you owe the money.

DCFC79

Tony_b wrote: »

My ex-employer has written to me this week, claiming that they have overpaid me £650.00 and they have sent me an invoice asking for payment by 9th April. I can’t afford this, and even if I could I’m not sure I am obliged to pay them anyway.
I’m not disputing that they’ve overpaid me, but I am disputing that it was an accidental overpayment, I believe it to be an overpayment due to wilful neglect on the part of my departmental manager, who has deliberately withheld the fact that I had left the organisation from the wages dept.
For a large amount of last year I had been absent from work with anxiety and depression, I believe that pressure placed on employees by my employer contributed heavily to my condition. Ultimately, after a six week absence I wrote to my employer informing them that I would be resigning with immediate effect and regrettably I wouldn’t be able to work any notice because of my condition. A few days later I received a letter from my manager stating that they weren’t accepting my resignation and that I should return to work or obtain another sick note, I didn’t respond to this, as far as I was concerned I had resigned with immediate effect, on health grounds. I believe that during the next month my manager deliberately withheld the fact that I had left from the wages dept and so consequently I received a wage a month after I had resigned. Any thoughts would be welcomed?

If you believe that were the case and you noticed an extra payment in your account why did you not put the amount aside ?


Ask them for a breakdown.


If you cant pay it then offer an amount you can afford per week.

Lomast

Unless your contract allows you to then you can't just leave with no notice.

You owe them the money you need to either pay it or come to an arrangement to pay over time if you can't do it immediately.

In theory they could also pursue you if your failure to work your notice has cost them money for example if they had to hire a temp to do your job

Masomnia

DCFC79 wrote: »

If you cant pay it then offer an amount you can afford per week.

This, contact them and ask for a repayment plan. If you engage with them and be reasonable you should be able to sort it.

TELLIT01

Even if you can prove that the overpayment was the direct result of a deliberate action by a member of staff it doesn't change the fact that you were paid more than you were entitled to. The company has a right to recover that overpayment, but should be reasonable about the timescale for repayment. If you simply refuse to pay they could take you to the small claims court and would be likely to win.

gettingtheresometime

Can you resign, with immediate effect unilaterally?

I mean if they sacked you with immediate effect without pay I'm sure you'd be up in arms

Tony_b_2

Thanks for the responses, (even the judgy ones), I think it goes without saying, that if you believe your employment is being detrimental to your health then it would be foolish to continue working there, even if only on a notice period.

sew109

Tony_b wrote: »

Thanks for the responses, (even the judgy ones), I think it goes without saying, that if you believe your employment is being detrimental to your health then it would be foolish to continue working there, even if only on a notice period.

I agree but if you do just quit the company can sue you for their additional expenses caused by you lack of notice, if you feel your health outweighs this risk then it’s the right thing to do but you have to be prepared to compensate them.

However to think it ok to be paid for this period and not pay the money back when asked is wrong morally and legally.

getmore4less

Your manager gave you a chance to get paid by telling you to come in or stay on the sick and get a sick note.

That was very decent of them

You refused to correspond and resigned with immediate effect giving up your right to notice pay.

Should have got another sick note and done your notice, there was a chance the final week should have been at full pay subject to some conditions on notice periods.

Hasbeen

Tony_b wrote: »

I’m not sure I am obliged to pay them anyway.
I’m not disputing that they’ve overpaid me, but I am disputing that it was an accidental overpayment,

I wrote to my employer informing them that I would be resigning with immediate effect and regrettably I wouldn’t be able to work any notice because of my condition.

A few days later I received a letter from my manager stating that they weren’t accepting my resignation and that I should return to work or obtain another sick note, I didn’t respond to this,

You are not disputing they have overpaid you but you are disputing paying it back?

You must have a good manager for them to do this for you, to ask for a sick note to basically cover your notice period. And kept your position open until you got back in touch. Its unfortunate you did not respond.

Hope you have better luck in your next job!