Ex-employer says I owe them money?(

DCFC79

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.

Im not disagreeing with you on that aspect, not much point in being in employmemt if its having an effect on your health.

Tony_b_2

To clarify then, I did resign with immediate effect, giving both oral and written explanations. The company’s representative (my manager), writes back stating that he refuses to accept my resignation, the company’s representative then deliberately fails to notify the wages dept of my departure. To this day it appears that the wages dept are unaware of the circumstances of my departure, because in the letter I received from them this week, it states that the period of overpayment was “unpaid leave” (I had of course actually resigned). I do believe that the company’s representative inaction over this matter to be deliberate and malicious in nature and as such I believe that the company should bear all or some responsibility for the overpayment?

getmore4less

Did you have any accrued unused holiday?

elsien

As you knew you had been overpaid, regardless of the circumstances why didn't you put the money aside for when it was requested back?
Judgemental or not, that's what you will be asked should your employer take action to recover the money. Do you want to end up repaying the money plus your employers costs for reclaiming it?

You need to stop focussing on whose fault it was, which is a red herring, and contact them to agree a suitable repayment plan.

Ja7188

To clarify then, I did resign with immediate effect, giving both oral and written explanations. The company’s representative (my manager), writes back stating that he refuses to accept my resignation, the company’s representative then deliberately fails to notify the wages dept of my departure.

Where is your evidence that it was deliberate?

To this day it appears that the wages dept are unaware of the circumstances of my departure, because in the letter I received from them this week, it states that the period of overpayment was “unpaid leave” (I had of course actually resigned).

Probably because as far as they were concerned, you were still under contract.

I do believe that the company’s representative inaction over this matter to be deliberate and malicious in nature and as such I believe that the company should bear all or some responsibility for the overpayment?

Can you explain exactly what the company has done that you consider malicious?

Gavin83

Tony_b wrote: »

I believe that the company should bear all or some responsibility for the overpayment?

You can believe what you want but it isn't your money. To be honest your actions haven't made you come across as a good or honest person so I've little sympathy.

If you care about a reference I'd speak to them and arrange a payment plan. If you decide not to pay the money back they'll take you to court instead and will almost certainly win.

pinkshoes

You need to calculate carefully how much money you were owed.

You would have accrued holiday whilst on sick leave.

If they have overpaid you then you need to repay them. As you insisted on resigning with immediate effect, surely you were not expecting any money?

Where has this money gone? You need to pay it back, and they are quite entitled to take you to court to get the money back as it was paid in error.

If you have spent it, then offer to pay it back in installments.

M_Python

According to the Gov.Uk website, an employer cannot refuse to accept a resignation.

As the employer did not follow the normal procedure, in this instance, I'm not sure where they would stand in relation to taking the OP to Court for the return of the over-paid wages.

However, you can't just say that you're resigning with immediate effect and not either work your contractual notice period or provide a sick note to cover it.

Personally, I think both parties have acted foolishly.

Tony_b_2

Haha wow! Some of this has escalated! Just to clarify a little more, i didn’t post in the hope of getting sympathy, I had hoped that some posters may have been more able to keep emotion out of the discussion.
Also, at the time this money was paid to me, I wasn’t aware that it was an overpayment, I didn’t receive a pay slip with it, (as I had left obviously), so to question someone’s honesty in these circumstances is pretty cheap imo, thanks anyway, I’ll let you know how things pan out .

getmore4less

Tony_b wrote: »

To clarify then, I did resign with immediate effect, giving both oral and written explanations. The company’s representative (my manager), writes back stating that he refuses to accept my resignation, the company’s representative then deliberately fails to notify the wages dept of my departure.

I think the more likely scenario is they(manager) were giving you a chance to come in with a sick note.

When that sick note did not materialize they have just gone with unpaid leave which is better than unauthorised absence on your records.