Former Employer 'Overpayment of Salary?'

Cami1322

Hello.
My husband was dismissed by his employer two years ago, as he was unable to do his job, due injuries sustained at work. He was awarded compensation which should've received within the next couple of months.
He received payment arrears and overtime in the next two months. Another month went by No Money was received at all and No compensation either. The following month he received what would equate to two months salary.
He immediately contacted the Finance company and informed them, and told them he had been dismissed. He was told that the dismissal didn't count until he received paperwork from them.
He contacted his employer the same day and relayed what the finance company had told him. He was told it would get sorted.

The Following two months he received salary. Still no compensation.

We again contacted his employer and informed them. He thought this money was given to live on until his compensation was sorted out as he had been told he was still employed

It took ten months and constant emails to various members of staff chasing up the compensation, together with asking for clarity on the 'salary' received' We were never told that we'd have to pay it back or given clarity on what it was for. Over 5 months after the dismissal he was informed that he had still been employed due to errors.

It was an extremely stressful time especially as my husband suffered mental health problems caused by his previous job and I had to deal with it all.
We spent the compensation over the next year and heard nothing more.
Over one year after his 'dismissal ' he had a letter asking for the 'over payment of salary' from the Finance Company. I wrote back and asked them to resolve it with his employer as we thought it was a mistake. However we offered a small payment we could afford until it was sorted out. Months later we had another letter. We contacted them again offered a higher amount, but again asked them to resolve it with the employer. We also asked for a copy of the telephone conversation in which my husband was told he was still employed as they record all calls.

They have also got the dates wrong in which my husband received the 'overpayment of salary' which doesn't make sense, saying it was from the date he was dismissed. This makes it look as if we weren't honest by not contacting them sooner, when we in fact contacted them as soon as the payment was received.. His payslips confirm that this wrong.
They also lost the letters I sent them along with all the income and expenditure information.

The Finance company have now instructed solicitors to claim the full amount back.
I have made appoints with the CAB and can prove we cannot afford to pay it all.


However, this debt we've incurred was not at all our fault. We have been told it's not our fault by the Finance company. If we hadn't received the 'overpayment of salary' that allowed us to have money to live on, when we hadn't received the compensation, we would of made a claim for all the delays and errors made in relation to not receiving the compensation for ten months.
I have contacted his previous union and they offered no help.


I don't know whether to contact his employer directly and either appeal to them to absolve the debt as it was caused by their incompetence and stress about the delay in receiving the compensation.

Or make a complaint to the employer and ask for compensation due to the incompetence over the 10 months and the stress that they have caused. If this was successful then obviously it would be used to pay the finance company.

I don't want a large debt hanging over me.
Any advice appreciated. Thank you.

Cami1322

Also, does anyone know if there is a time limit on when I can claim compensation from a previous employer.

Thank you

ndf9876

If I were in your position, having read the above, I would be getting my free 30 minutes with a solicitor to see what my options were. I feel like dismissing an employee because they sustained a workplace injury sounds shady at best, and unlawful at worst.

MEM62

What does your husband have in writing from his employer in respect of his dismissal?

Blatchford

ndf9876 wrote: »

If I were in your position, having read the above, I would be getting my free 30 minutes with a solicitor to see what my options were. I feel like dismissing an employee because they sustained a workplace injury sounds shady at best, and unlawful at worst.

There is nothing unlawful about dismissing an employee who is incapable of doing their work through illness or injury. It happens all the time. The fact that it may have happened at work is irrelevant to that fact. Employers are not required to continue to employ people who cannot do their job regardless of how that situation arose. It also happened two years ago. That claim is out of time by any standards.

Compensation is an entirely separate matter when, and if, an employee is injured at work as a result of a factor for which the employer is responsible - simply being injured at work is not the same thing. If the employer has admitted liability and come to a settlement with regard to that liability, then that is a "debt" that the employer owes and if they do not pay there are legal remedies for that.


And this is something entirely different again. If you are accidentally overpaid then you owe that money back. You cannot assume that it has been paid legitimately because of some other reason (such as not having got compensation). And you are not entitled to compensation because of stress, the employers errors or incompetence. In the absence of the employer (or whoever this money is owed to because the references to a finance company are a bit confusing) waiving the debt as a goodwill gesture, then he owes the money back. Since solicitors appear to be being instructed, it would appear that the company are entirely willing to go to court, which will only increase the amount of money that you owe and get you a court judgement against you. On the other side of that, the court might agree lower instalments if you genuinely can't afford to repay it, although their view of what amount of money you need to live on and yours might differ, so you can't guarantee that it will be an instalment you think is affordable.

There is a very slight chance, if he can prove that he was told the money was his and a legitimate payment, that he MIGHT be able to challenge it, but it really is a long shot and he really would need legal advice to try this tactic. Which might be throwing good money after bad.

Cami1322

Thank you for your replies.
The issue isn't the dismissal. He accepted that he could no longer do the job. Although he wasn't medically retired

He wasn't able to appeal the decision as he was never given the appeal papers, despite repeatedly asking for them for 10 months.

It is a little more complex as he was a government employee. A separate company pays the wages as instucted by the employer.



If I hadn't repeatedly contacted them he wouldn't have received the compensation.

My husband suffers from PTSD as a result of the job. The affect of having to repeatedly be in touch with his employer had an immense detrimental effect on him. After 25 yrs of service, he was just left with no support to get anything sorted out.
His honest reputation has been called into question, despite the true facts of his payslips.
If his employer hadn't made repeated mistakes none of this would've happened.
If we are not able to legally claim compensation then I hoped we may be able to approach the employer to help in some way, considering the appalling way they treated an employee.
Appreciate any advice given, thank you.

Exodi

Sorry but I think overpayments by employers are pretty black and white and this forum usually provides short shrift to those questioning their liability towards them.

I appreciate sympathetic replies because of the compensation situation but ultimately it's an entirely unrelated affair and you should be making as many preparations as possible to pay this back.

ndf9876 wrote: »

If I were in your position, having read the above, I would be getting my free 30 minutes with a solicitor to see what my options were. I feel like dismissing an employee because they sustained a workplace injury sounds shady at best, and unlawful at worst.

???

The OP said they'd been dismissed due to capability and compensation had been agreed.

Thank Christ he didn't die. I suppose you'd suggest that the employer is still required to keep him in employment and pay him a salary.

Cami1322

Thank you.

We have already offered payments that have been refused.
We have also got an appt with CAB to help us with this.
We are treating these separately at the moment as we know the company that paid the money just sees it as an overpayment, irrespective of circumstances.

I am hoping for some help or suggestions for the issue with the employer and their failures and treatment and lack of a duty of care. I would've thought that they should be accountable for their incompetence and treatment of an employee.

Exodi

Cami1322 wrote: »

Thank you.

We have already offered payments that have been refused.
We have also got an appt with CAB to help us with this.
We are treating these separately at the moment as we know the company that paid the money just sees it as an overpayment, irrespective of circumstances.

I am hoping for some help or suggestions for the issue with the employer and their failures and treatment and lack of a duty of care. I would've thought that they should be accountable for their incompetence and treatment of an employee.

I think you're certainly going the right way about it. Assuming the payment plan was reasonable (not a £5 a month token plan) then it's certainly mitigative you've actively sought to reimburse the employer. It certainly strengthens your hand if CAB can reinforce the plan offered as the limit of affordability as this would make the option of court pointless as you can't get blood out of a stone.

When you say help or suggestions with regards to the employers treatment and lack of duty of car, I presume you mean in regards to the over-payment. Again, you need to separate these arguments and perhaps begin a complaint with regards to how long it take to receive compensation. I can see the response being "OK, you spent the overpaid salary to get by whilst you waited for compensation.... presumably when the compensation did finally come through, you used this to pay back the overpayments or at least put it aside?".

Gavin83

Cami1322 wrote: »

If we are not able to legally claim compensation

But you've already received compensation.

Cami1322 wrote: »

We have already offered payments that have been refused.

How much a month did you offer?

Cami1322 wrote: »

I would've thought that they should be accountable for their incompetence and treatment of an employee.

They are, hence the compensation that's already been paid out.

I think you need to be a little less emotional about this. I'm assuming they were negligent in regards to your husbands injury, hence the payout but you need to stop seeking compensation for absolutely every tiny thing they do.

They've overpaid your husband, it was a mistake but you do owe it back. The best thing would be to come to an agreement. As Exodi said if you've made a reasonable offer and they've rejected it this will work against them.

Cami1322

Thank you for your reply.

Apologies, this all sounds a bit of a mess!
We used the 'overpayment of salary' to live on.- He was told he was still employed at the time he contacted them after his dismissal. He was told the dismissal didn't count! We thought he'd been paid a salary due to delays and imcompetence. We received the compensation and had to use it for my husband's disabilities. We were completely unaware that the salary would have to be paid back. We weren't told it was an overpayment, despite repeatedly contacting the employer.

We only received the request for it Over a year since he was dismissed. Sorry if this doesn't make complete sense.