Overpaid holiday pay

Nannytone

I'd be very grateful if anyone can point me in the right direction.

I am registered blind and and receive direct payments to employ a personal assistant. This time last year my regular pa went on maternity leave and I employed a replacement for the year my regular pa was absent.

Obviously the pa has to complete the timesheet which I sign.
This has been done without issue for the whole year. The new person has taken all of their holiday entitlement but  she just continued to fill the timesheet in as normal rather than stating when she took her holidays.

The result is that she has been paid her complete years holi&day entitlement in with her last wage. This is money that she has already received.

This is left my direct payment bank account just over £1,000 overdrawn and the payroll company are asking me to bring it back into credit.

1 I have told the now ex-employee and and have have offered to pay the tax that was taken on this amount but she is refusing to repay it to me.
Where do I stand?

[Deleted User]

 Fire her for a start 

Nannytone

_shel said:

 Fire her for a start she finished two weeks ago this is a final payslip.

Need to get the money back her to pay back into the payroll account

[Deleted User]

Think you'll have to send her a letter before action if she's already refused to pay it back. If no response to that take her to the small claims court. 

Nannytone

The reason I am so unsure is because the timesheets were completed wrongly and and based on those alone it looks like she hasn't had any holiday.
I do have all the dates and I know that she went away for two short breaks and one holiday abroad

[Deleted User]

 So unless she's willing to stand in court and lie under oath you have her. 

elsien

A reminder that ripping off clients could make her unfit for further work with vulnerable adults may also help.  The types of harm that can be reported to DBS includes financial.

Whose responsibility is it though to check that the time sheets were correct? Yours as the employer? 

Nannytone

Her daughter has her own HR consultancy business.
She wants to check with her daughter before she does anything.

Frankly I'm quite astonished because I thought I was being more than fair by offering to pay the £200 tax

[Deleted User]

elsien said:

A reminder that ripping off clients could make her unfit for further work with vulnerable adults may also help.  The types of harm that can be reported to DBS includes financial.

This, that you'll inform the agency and any body she is registered with. Abusing the trust of a vulnerable adult is very serious. Wondering if it should in fact be reported to social care and the police. 

Nannytone

She doesn't come through an agency.
He is a retired lady that I know through avolunteering for guide dogs.
I don't necessarily feel that she is deliberately being dishonest but because the money has been paid by the payroll company she feels she's entitled to it

[Deleted User]

So if she is confused you maybe need to put it down in writing how and what has occurred so she can understand she's been overpaid and needs to pay it back. She can show her daughter and she can help her mum see what you're asking is true, hopefully. 

 If still no joy, letter before action.