Former Employer and Potential Overpayment

[Duffy1807]

Hello all,

I would appreciate some advice regarding a complicated matter regarding a potential overpayment that a former employee has arranged for a solicitor to recover their losses by a Letter Before Action.

Its a complicated matte and is probably not straight forward.
(In conjuction, to their claim. I also have an existing tribal claim against the employer for constructive dismissal)

About the overpayment.

The debt is probably not like other debt, as said its a potential overpayment from my former employer for £7000, which had been paid to myself over a long period.

How did i miss the alleged overpayment ?,

This began after a new company took over by TUPE. I started receiving extra wages straight after the TUPE process.

At the same time after the TUPE change, My T's & C''s had also changed (verbally) and i adhered to work an extra 400 hours per annum. I also agreed to take on extra responsibilities for my position, a change of shift & a change of location to work.(55 miles more each day)

It was a verbal discussion, and it was discussed in short, in exchange, I will not be preperared to do such change unless I recieve extra Remuneration .my contract states I am (paid Salary not Hourly ) - i agreed to the change on a more salary basis, but the amount was never confirmed.

That said and agreed by my manager.I accepted the changes and worked as normal.

I then began to recieve extra wages. As I expected.

Problem is, nothing had been provided in writing, which from what i know, is a breach by the employer? ERA 1996 s.4.1. As the changes would have formed part of the written statement, that the employer has a legal obligation to provide at the start of employment or when changes are to the particulars. In my case,

The changes where made to, my shift, my Remuneration, holiday pay, location of work and my hours.

Now, i no longer work their due to a dispute regarding the overpayment but have recieved a letter before claim?

What would be everyones advise please ?

[Duffy1807]

If it may help, I would like to use ESTOPPEL to form part of my defence, in addition to their Breach of ERA 1996 4 1 and the fact the verbal agreement was misunderstood?

To form of my defence on ESTOPPEL. My arguments are :-

1- The employer, by continuining to pay the amount claimed as overpayment, had done something to lead myself that the money was rightfully mine.

2- A senior member of staff had been aware of the money received and instructed myself it was correct.

3- I did not claim the money, but rather it had been paid to me.

4- I had changed my position in reliance on the money, having spent the money in good faith.

5- The overpayment was not my fault.

6- By the time the issue had come to light, the employer had at least 2 early opportunities to clarify accuracy of such overpayment.

7- The employer fundamental breach of ERA1996 S4.1. “If, after the material date, there is a change in any of the matters particulars of which are required by sections 1 to 3 to be included or referred to in a statement under section 1, the employer shall give to [F1the worker] a written statement containing particulars of the change.”