They overpaid me now they want it back 3 months later

(6 Posts)
WorriedSoul25 Thu 03-Nov-16 10:27:00

Morning All,
Please kindly help me out here as I am very worried and my heart is beating so fast mother of 2 I am and I am watching every penny as any other mum will, Here is the story, I Worked at the NHS for a year got pregnant and went on leave. I didn't qualify for Maternity pay according to them I wasn't there for long enough Fair enough so they said I will get Statutory Maternity Pay.(SMP) After 6months I sent an email to the manager stating I will not come back to work for personal reasons and I would like to use my holiday entitlement 3 weeks notice as my leave so I don't have to return to work. which they were fine with. I was entitled to a payment for that holiday period. The issue now is I was then paid SMP as long with annual leave entitlement and I can swear if I noticed the Error I would told them by ringing up but I didn't I just assume it was my 3 weeks worth of salary. SO fast forward to November I get i letter saying I was overpaid due to late notification from their end to the finance team. Truth is I can't afford it . What should I do please (£500.77) they want back. Please advice. I am very worried I don't want to incur anymore debts

monkeywithacowface Thu 03-Nov-16 10:30:38

You will have to pay it back but maybe you can agree a payment plan.

lougle Thu 03-Nov-16 10:31:51

As you work for the NHS your contract will have a clause that you agree to pay back any overpaid sums. So you need to tell them that you are unable to afford a lump sum and negotiate a payment plan.

anyname123 Thu 03-Nov-16 10:43:10

Explain your financial situation to them, offer £10 a month, they may well right it off. I know someone who was ovrepaid by thousands and the NHS deemed it too much of a faff to reclaim so didn't bother. Alternatively the may accept the £10 a month. Either was it is wildly unlikely they will get heavy / call bailiffs etc

mariefab Thu 03-Nov-16 14:06:44

When your employment ends, for any reason, you are entitled to be paid for any accrued holiday leave that you haven't taken.

Once you qualify for SMP you are entitled to receive it for the full 39 weeks; unless you return to work, start another job, get taken into legal custody or die. Resignation does not end your entitlement to SMP.

Maternity leave and holiday leave are 2 entirely separate things. You cannot be on both at the same time. The fact that you resigned did not end your maternity leave. That would only end after a year or if you started another job. So, you remained on maternity leave after you resigned.

You had 3 weeks of untaken accrued holiday when you resigned which they paid, and they paid you SMP for 39 weeks.
So, what was the £500.77 for?
Did they make an additional accidental overpayment?

SueDunome Thu 03-Nov-16 14:18:41

SMP is payable for a total of 39 weeks. As Marie says, you are entitled to it regardless of whether or not you resigned; your employer cannot stop paying SMP because you resigned.

If you have only received SMP for six months, it may be that they have stopped paying it to you in error and there may be further SMP that you are entitled to.

You would have been entitled to the holiday pay on top of the SMP.

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