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Ex Employer seeking overpayment

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  • #16
    Re: Ex Employer seeking overpayment

    can you remember the specific date that you left? think i know where they got the overpayment figure from but need to know date you left, annual holiday entitlemen and how much of your holiday entitlement was used up in days.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #17
      Re: Ex Employer seeking overpayment

      Actually i know what they have done. They added the deductions to the gross pay instead of deducting the deduction amounts giving a higher net pay when it should have been lower to the gross pay amount after deductions!! Net Pay is the amount thats left after deductions are deducted from the gross pay - in this case its the amount left after the added the deduction amount to the gross pay amount!!

      For example the JUNE pay slips is as follows:

      Salary = £1353.33
      Sick Hours = -£1057.39
      Unpaid Absence = -£71.38
      Incentive = £5
      AE Plus = -£0.09
      SSP = £265.35

      Which totals 494.82 Which is what they have for your Gross Pay - So that bit is correct. However the total deduction amount to £77.80 which should be deducted from £494.32 to give you a net pay of £417.02 - Which is what should have been paid into your bank account. However instead of deducting the deductions they added the deduction amount to the gross pay amount and £494.82 + £77.80 = £572.62 which is what they have as your net pay and what they paid in to you bank account.

      So question is, how long have they been added deductions to your gross pay amount and paying you the gross pay plus deductions on top amount as net pay?? if its been going on since the start of 6-12 months or more then they can go and sit and wriggle for it!!! I suspect they been paying you like that right from the very start!!


      Actually maybe not - Looking at the earlier payslips they actually got it right. But something doesn't sit well with the april ones, why 2-3 payslips for april!
      Last edited by teaboy2; 5th February 2016, 17:17:PM.
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

      The Governess; 6th March 2012 GRRRRRR

      Comment


      • #18
        Re: Ex Employer seeking overpayment

        Thanks for the replys so far. Just to update you, i phoned their HR department Friday and asked to speak to the lady named on the letter but she wasn't at her desk and didn't call me back as requested. I'll try again Monday (to get them to email over the info i need)
        Even dizzyness cannot stop me now!

        Comment


        • #19
          Re: Ex Employer seeking overpayment

          Sorry I uploaded Aprils multiple times it seems.

          With regards to net pay/ deductions etc, it honestly goes over my head!
          Could you simplify it for me?
          From what I can gather, they've made this mess with my payslips. I wouldn't of known of any obvious overpayments, and still not sure If I have to pay this amount back to them?
          Even dizzyness cannot stop me now!

          Comment


          • #20
            Re: Ex Employer seeking overpayment

            If they sent your payslips to you at the end of each month, you must have realised when you saw August's that there had been some overpayment.
            Although they certainly made a shambles of the payslips.

            Very roughly, it looks as if they just gave you one week sickness leave at full pay but they underpaid SSP by about 12 days.
            So I doubt that the overpayment is as much as they believe.
            If you find your contract it may turn out to be a lot less.

            If you do find it, can you let us know:
            If you were entitled to Company sick pay and for how long a period.
            When the holiday year ran from-to e.g. Jan-Dec, Apr-Mar etc.
            How many days holiday you were entitled to in a year
            and if you took any holiday while you worked there.

            Did your employment end on 10th July?
            How did it end? Did you resign or did your employer terminate your employment?
            Was a notice period given? If so, was it a week or was it more?

            Comment


            • #21
              Re: Ex Employer seeking overpayment

              Originally posted by mariefab View Post
              If they sent your payslips to you at the end of each month, you must have realised when you saw August's that there had been some overpayment.
              Although they certainly made a shambles of the payslips.

              Very roughly, it looks as if they just gave you one week sickness leave at full pay but they underpaid SSP by about 12 days.
              So I doubt that the overpayment is as much as they believe.
              If you find your contract it may turn out to be a lot less.

              If you do find it, can you let us know:
              If you were entitled to Company sick pay and for how long a period.
              When the holiday year ran from-to e.g. Jan-Dec, Apr-Mar etc.
              How many days holiday you were entitled to in a year
              and if you took any holiday while you worked there.

              Did your employment end on 10th July?
              How did it end? Did you resign or did your employer terminate your employment?
              Was a notice period given? If so, was it a week or was it more?
              - I was not entitled to any company sick pay
              - Holiday year was Jan-Dec
              - I was entitled to 20 days holiday per year (35 hour contract)
              - Resigned on 22nd July 2015. I was off sick when i sent the email. I had confirmation it was processed on the 27th July.
              - I did take Holiday during Jan 15 and July 15. I will find out what dates tomorrow ***

              - Notice period was 4 weeks but OM emailed to say I could resign with imeddiate effect

              Hope that helps.

              - - - Updated - - -

              Oh, btw I never SAW Augusts payslip because they upload to a website and i wasn't expecting one so didn't check!
              Even dizzyness cannot stop me now!

              Comment


              • #22
                Re: Ex Employer seeking overpayment

                Why did you want to resign?
                Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                The Governess; 6th March 2012 GRRRRRR

                Comment


                • #23
                  Re: Ex Employer seeking overpayment

                  Originally posted by Dizzy-Dave View Post
                  Hi, hope you can offer me some advice.

                  I used to work for Saga Insurance. I left in July of last year due to poor mental health. I had been off sick since April.

                  Very recently I had a letter demanding a cheque for an 'overpayment' of £1200 that Saga says I owe them. I am so angry and confused as I never noticed any over payment.

                  Apparantly I have 7 days to respond.
                  The letter was sent to my ex partners address.

                  Thanks

                  - - - Updated - - -

                  I have a copy of the letter and other documents If you would like to read them. Not sure how I put them on here though?
                  I believe there has to be a specified amount to claim back any over-payment based on tribunal case law. I haven't fully researched the case but of it, it says there must be a 'quantifiable amount.'

                  Comment


                  • #24
                    Re: Ex Employer seeking overpayment

                    Originally posted by Openlaw15 View Post
                    I believe there has to be a specified amount to claim back any over-payment based on tribunal case law. I haven't fully researched the case but of it, it says there must be a 'quantifiable amount.'
                    Sorry I don't understand?

                    I'm still waiting for them to write to me with a breakdown of how they've come up with this figure. I'll post as soon as I hear anything.
                    Even dizzyness cannot stop me now!

                    Comment


                    • #25
                      Re: Ex Employer seeking overpayment

                      Originally posted by teaboy2 View Post
                      Why did you want to resign?
                      Mental ill health and stress caused by the job.
                      Even dizzyness cannot stop me now!

                      Comment

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