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Ex-employer says I owe them money?(

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  • Masomnia
    Masomnia Posts: 19,506 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tony_b wrote: »
    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 .

    Fair enough, and I'm sorry if my post came across as judgmental but I think you also need to take emotion out of it. It doesn't really matter who is at fault for the overpayment, at the end of the day you resigned in breach of your contract and they paid you for work you didn't do. Those are the facts of it unfortunately. They won't want to have to continually chase you for this money or take legal steps to recover it, so if you speak to them and agree to pay it back over time I'm sure it'll be resolved.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • Masomnia
    Masomnia Posts: 19,506 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think the more likely scenario is they(manager) were giving you a chance to come in with a sick note.

    I agree with this, if some has been struggling with anxiety and depression it's arguably risky for the employer to accept a resignation like that if it could have been in the heat of the moment.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • Tony_b_2
    Tony_b_2 Posts: 5 Forumite
    Ok thanks, I’ll get in touch with the wages dept this week and see what we can sort out. Also looking elsewhere, (ACAS), it says they should be ok with instalments as ultimately it is their error. Masomnia, I actually thought your responses were among the least judgmental sounding tbh.
  • t0rt0ise
    t0rt0ise Posts: 4,477 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    M_Python wrote: »
    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.

    The company refused the 'resignation with immediate effect' which they are perfectly entitled to do. What they cannot do is refuse a resignation with notice. It seems to me that the company has behaved very well but the OP is still under the impression that he did in fact leave with immediate effect which he did not because it is not contractually permitted. He left with an unworked and unpaid notice period.
  • M_Python
    M_Python Posts: 176 Forumite
    t0rt0ise wrote: »
    The company refused the 'resignation with immediate effect' which they are perfectly entitled to do. What they cannot do is refuse a resignation with notice. It seems to me that the company has behaved very well but the OP is still under the impression that he did in fact leave with immediate effect which he did not because it is not contractually permitted. He left with an unworked and unpaid notice period.

    Yes, you're quite right. I hadn't taken into account the 'with immediate effect' part.
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