Ex Employer over payment and constructive dismissal

2143lewis

motorguy wrote: »

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?

Suppose when you put it like that.

I posted here to get advice. See if someone has had a similar experience.

jobbingmusician

OK, well, you've had some very good advice from some posters. I especially like elsien's - write to them and ask them for a breakdown of how they have calculated what you owe.

While you may or may not have been entitled to a bonus, it seems a reasonable expectation on your part that you should receive it, and this weakens the employer's case for reclaiming money. My general (not very comprehensive) understanding of the law is that employers cannot necessarily reclaim overpayments made in error if the employee had no reason to suspect that these were actually erroneous payments. My view is supported on https://www.rocketlawyer.co.uk/article/overpayment-of-wages.rl (my first hit, so not an especially selected site, but one which immediately hit the right note!)



Can an employee defend a claim for overpayment of wages?

The employee may have a defence to a claim for repayment on the basis that they were led to believe that they were entitled to the money and that, in good faith (ie honestly), they relied on the money. This usually means that the employee has spent it or used it to repay any outstanding debts. Provided it wasn't the fault of the employee that they were overpaid, they have a chance of defending any claim.


So my view is that you are on the right lines, being prepared to repay the last payment. And the fact you have kept this money safe would support any contention you might be called on to make in court that you truly believed the earlier payment to be yours. In any case, see what they say when you ask for a breakdown, and whether you need to defend that.

steampowered

2143lewis wrote: »

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"

If this was not money you were entitled to, you shouldn't have spent it - as it wasn't your money.

There is no sense blaming other people if you have done so.

Of course if the employer is claiming back money for time while you were on gardening leave, you should absolutely contest that.

I can't see that you can contest money paid for the period after the gardening leave finished.