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Ex Employer over payment and constructive dismissal
Comments
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I was happy to walk away and leave the past until they demanded i pay them back £3200.
Since i was out of work for 6 month and now on minimum wage. Paying that back is going to leave me with nothing or worse...:idea:
Hmm...
So basically you spent the extra two payments? Whilst i appreciate your mental health may not have been the best at the time, i think you will be under obligation to repay them.
Also, this sounds like your now pursuing constructive dismissal to try to avoid paying the money back.
I would probably seek formal legal advice, but i think the best you can hope for is paying a minimal amount back monthly on the basis that you (wrongly) assumed it was back pay and holiday pay.
I cant see constructive dismissal flying if you were there less than two years.0 -
My partner says i should file for constructive dismissal as in my new job the person they hired to replace me works in my new team and he lasted 4 weeks and has full account of the on goings there. Plus my job was advertised several months before i handed in my notice.
Examples he witnessed:
-Manager smashing up his office. Slamming doors and shouting abuse at staff
-Working 6 hours overtime per week and not getting paid. He said he left at 4:30 on Friday and was pulled into the office by management and shouted at for leaving stating "if you want to leave at your finish time it has to be advised in the morning"
-Unreasonable workload which meant working during your lunch break and an extra hour or 2 per day to finish the work load.
- Having to answer your work phone 24/7. As drivers and customers were to call you as first point of contact - Unpaid.
-Working 12 days in a row as per the forced weekends, This meant doing you standard Monday to Friday - Saturday and Sunday - Monday to Friday. 80 Hours standard - Not including the hours overtime you were doing each night or if there was problems at the weekend.
Not really sure how what happened your replacement strengthens your case for constructive dismissal?0 -
I didn't receive any pay slips when I left. A employee came to my house and handed to me on Thursday. He said he wanted to drop them off as they had been sitting there and he was passing by. This letter came on Friday about the overpayment.
I have the last payment in my account still. I did think this was unusual so have kept it just encase and am happy to pay this back.
The February money 100% dispute as it's over £1000. My notice letter stated I would work the required amount of time to finish up my contract. My manager said I wouldn't have to "work" and would be on "garden leave" this doesn't seem to be the case.
April payment the same as I had a weekend worth of overtime to be paid along with 12+ holidays left. Plus we got a bonus every February which was usually around 10% of your yearly salary.0 -
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I didn't receive any pay slips when I left. A employee came to my house and handed to me on Thursday. He said he wanted to drop them off as they had been sitting there and he was passing by. This letter came on Friday about the overpayment.
I have the last payment in my account still. I did think this was unusual so have kept it just encase and am happy to pay this back.
The February money 100% dispute as it's over £1000. My notice letter stated I would work the required amount of time to finish up my contract. My manager said I wouldn't have to "work" and would be on "garden leave" this doesn't seem to be the case.
April payment the same as I had a weekend worth of overtime to be paid along with 12+ holidays left. Plus we got a bonus every February which was usually around 10% of your yearly salary.
I would suggest writing to them, stating when you gave notice and that your employment/garden leave ended on whatever date (although proving that was the agreement with nothing in writing may not be easy) and asking for a full breakdown as to how they have calculated the final figure owed.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
I think you need to either dispute the overpayment and get a break down or arrange a repayment plan. Simple.
The rest of your ideas are not going to get you anywhere.
Move on.0 -
Well when I got legal advice on it I said it's what you can prove. Having a witness to it I thought would strengthen my case to show the behaviour of management.
Its a witness to the behaviour of management, not to the behaviour of management to you
It could be argued that it weakens your case. They werent being horrible just to you (which might be constructive dismissal if 2+ years service) but they're horrible to everyone?
I genuinely dont see how they treated someone else is relevant to your case.
Also, if you've been there < 2 years its a moot point anyway.
Also, if you've had legal advice on it, why are you posting here?0 -
I think you need to either dispute the overpayment and get a break down or arrange a repayment plan. Simple.
The rest of your ideas are not going to get you anywhere.
Move on.
Thats wholly it.
Ask for a full breakdown and take it from there.
Either dispute it if its incorrect or arrange a repayment plan.0 -
I didn't receive any pay slips when I left. A employee came to my house and handed to me on Thursday. He said he wanted to drop them off as they had been sitting there and he was passing by. This letter came on Friday about the overpayment.
I have the last payment in my account still. I did think this was unusual so have kept it just encase and am happy to pay this back.
The February money 100% dispute as it's over £1000. My notice letter stated I would work the required amount of time to finish up my contract. My manager said I wouldn't have to "work" and would be on "garden leave" this doesn't seem to be the case.
April payment the same as I had a weekend worth of overtime to be paid along with 12+ holidays left. Plus we got a bonus every February which was usually around 10% of your yearly salary.
Always get garden leave in writing.
I doubt you were entitled to the bonus. (check contract)
You may have had 12+ days of holiday, but it seems unlikely.0 -
I think you need to either dispute the overpayment and get a break down or arrange a repayment plan. Simple.
The rest of your ideas are not going to get you anywhere.
Move on.
Move on... Kind of hard to do when I'm going to spend the next year if my life working to simpley pay back my previous employers "mistake"0
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