To think the 'burden of proof' is on them, not me?

[Psychologika]

I have had my previous employer chasing me for an apparent debt of over £550. They said that I took more holiday than I was entitled to when I left the job, so I had to repay. I categorically did not. The debt was originally nearly £700, but they conceded that they had initially not calculated my holiday allowance correctly.

They are telling me that the onus is on me to prove that I did not take the holiday. I cannot do that – whilst I was employed by them I worked for another agency (employed by NHS but worked in Social Services), we did not use the NHS electronic leave system at all. I didn’t have an NHS manager for the last few months of the role, so someone I do not know completed my leavers form (and completed it incorrectly). How can I prove a negative?!

I really don’t think I owe them the money, but they keep telling me that I have to pay it. I don’t know what to do and I'm really stressed about it.

Can they actually chase you for this when it is from 4 years ago?

Do you have a list of the dates they are talking about? If so can you even prove just one of them, it might be enough to cast doubt on the others. I write my off duty on my calendar and photograph the original off duty; not proof I went into work though. If I knew dates I could put the onus back onto them to check patients’ notes for my entries or controlled drug checks that I have to sign. The proof would be there but they’d have to look for it. Would the same apply to your job?

Either talk to your Union or get legal advice from an employment lawyer. Please don't ignore it though!

What days are they saying you took off? Could you prove that you were at least in the UK on those days with bank statements or similar? Or even better work completed?

Could you prove that you were at least in the UK on those days with bank statements or similar? Or even better work completed?

Fuck that. THEY need to prove their argument.

They're not saying that I took any specific days off. They're saying I took 29 days when I took 24 (or something like that). No more details. I don't have the records and neither do I! Mostly because it was a bit of paper that the manager had that has disappeared into the ether many years ago when they left well before I did. I was left without a manager for some time and the stress related to that was one of the reasons I left the bloody job in the first place!

I had something similar when I was heavily pregnant with DS. A job which I had left about 5 years earlier wrote to me to say I'd been overpaid for something and I needed to pay it back, but giving me no details as to how I'd been overpaid. I wrote back telling them I didn't know what they were talking about, that I was heavily pregnant and it was causing me stress. I never heard back from them. That also was public sector.

They're not saying that I took any specific days off. They're saying I took 29 days when I took 24 (or something like that). No more details
Then they can't prove it.
Ask them to show in writing how they came to this figure of 29 days. Obviously they can't, so you'll be calling their bluff.

This is 100% a union situation that’s what they’re for

If they can't prove it then they can do absolutely nothing about it. The onus is on them to prove that you took 9 days extra or whatever it was. If they can't prove it they certainly can't deduct money from you.

You could send them this

More seriously though, I hope you get it sorted soon, it’s frustrating just hearing about it, I can’t imagine how it is actually dealing with it!

just write to them and tell them THEY are wrong in their calculations and to send YOU the proof.
Then ignore all letters.
I was in a similar situation once, the amount they quoted was about £700.
I ignored their 'request' and they stopped after sending two.

It will cost them more to take it to court over such an amount so they are more likely to just drop it.

is it at all possible that some days you thought would be classified as sick leave were actually classified as annual leave?

eg if you have to take a day off work because a dependent is sick and you have to stay home to look after them - a lot of people mistakenly think that would be sick leave but it isn't.

even if this is the case they need to provide you with evidence of a list of 29 dates that they are asserting you weren't at work - then you have a chance to check whatever records you have to see whether there are any mistakes. without that list they can't expect you to do anything.