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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

They want me to return my wages

166 replies

Honeybear58 · 10/10/2022 17:17

Posting here for traffic as I need urgent advice please

I left my previous job over a month ago, I gave in my notice during August. As I worked in a school I timed the notice so I wouldn’t have to return in September, but I gave my correct notice and followed the correct procedures. I was still in my probation period so it was just 2 weeks notice expected.

I have now received an email from HR stating they have overpaid me my last month wage and want it back in full or they will take me to court because I haven’t worked my notice period therefore breached my contract.

1- I could not have physically worked my notice period as the school was closed for summer
2- I’m on a pro rata pay so a wage month is from the 10th-10th, I physically worked until the 22nd July when the school closed for summer. After that and before my last day of my notice period (1st) I was still technically employed and wouldn’t have been entitled to the pay up to the 10th August, is that correct? They did not pay me anything from the 10thAugust to my last day although I was still technically an employee and hadn’t handed in my notice at that point.

Im now very worried about it going to court because I’m in severe financial difficulty right now, to the point where I haven’t eaten all weekend so my children can. I can’t spare a months wage to give back to them. They won’t offer a small payment plan where I pay what I can afford each month either.
can anyone advise if they are correct or if I can challenge this due to not being able to work my notice period as they were closed? I will attempt citizens advice but I’m hoping someone here will have the knowledge to help. Thank you

OP posts:

MistyRock · 12/10/2022 12:01

I would try not to worry. They sound like a muppet show tbh.

alrightfella · 12/10/2022 12:09

Please phone acas helpline 0300 123 1100 for free confidential advice. This is what they are there for. Far better than randoms on the internet.

ChateauMargaux · 12/10/2022 12:13

In terms of whether you should chase - I would speak to ACAS and explain the situation to them, ask their advice.

After that you will be in a better position to decide what your next steps will be.

It is likely that because of the lack of contract, the acceptance of your intention to leave and the notice period and presumably your last date of employment - (I would think that using that term rather than last day of work might be better..) that they may not be in as strong as a position as the first communication might have led you to believe... (caveat - I am just a human behind a screen.. no expert!!) ... you might be advised by ACAS to send them a recorded delivery letter confirming all of the above... and then you would leave it at that.

But - speak to ACAS - I could be 100% wrong!!

LuffleGro · 13/10/2022 16:44

Caroffee · 10/10/2022 18:18

You need to give three months notice when you work in a school. It will be in your contract.

Not for support staff.

meganorks · 13/10/2022 17:45

You said the email has come personally from your manager and there are back details to pay back the money. Have you had anything through the post? Have you called anyone at the company that employes you? Because there is potential for this to be fraudulent if that is all you have had. My junk folder is full of spam emails of a sexual nature from school email addresses. And I've just had a letter from my solicitor (remortgaging) reminding me not to make any payments that have been requested via email. Any payments are to be checked vs the bank details they have sent in the letter as there have been a number of fraud cases this way.

Original poster

Honeybear58 · 13/10/2022 18:04

It’s definitely legit, I just haven’t had a response from them at all! And I can’t get through to citizens advice so ACAS will be my next try tomorrow on my lunch break.
If they’re not replying is that considered an attempt of ‘a sorting the situation and they’re at fault for not responding for payment? There’s only so much I can do to get in touch and if they aren’t replying Im not sure what else to do. I just don’t want the next communication to be a letter from a solicitor. I wouldn’t even be able to afford the journey to a court, never mind the fees.

OP posts:

Alisondewy · 13/10/2022 18:25

I was overpaid on mat leave and didn't realise. I paid back £75 a month. It didn't need to be paid all in one go. If they have overpaid you, negotiate paying it back.

Purple52 · 13/10/2022 18:25

You need to ask for a full calculation of your salary for the full period you have worked.

also ask them to specify you accrued holiday entitlement for the duration you worked (including the notice period), the paid holiday you have taken (including the notice period and any other time).

you also need to make sure that the paid hours also comply with national minimum wage!

because you have only worked there a few months, you can almost disregard the prorate in the calculation. You need to ensure you have been paid the right hours worked and holiday entitlement.
when you actually physically got the money and which payslips it went on is irrelevant. (Only really applicable to people who have worked there much longer over longer holiday periods.)

good luck !!

Catsoutside · 13/10/2022 21:34

I know in childcare for example if you have a childminder you have to give notice before the school holidays to allow them sufficient time to replace you can’t give notice in school holidays maybe your contract reflects that

VanGoghsDog · 14/10/2022 00:09

Honeybear58 · 13/10/2022 18:04

Send a signed-for delivery posted letter. Just print the email and post it.

MamaBearof4 · 14/10/2022 13:40

It sounds like the contract you actually signed was very ambiguous in terms of when a period of notice would be applicable. i.e. does the notice period have to lie across actual hours you are scheduled to work, or time in employment?
Because they are saying you are in breech of contract, it seems to be they're saying it's only for worked days, not days when school is closed, but if that's not actually in the contract you signed, they can't enforce it - in case of ambiguity, the favour falls with the party who didn't draw up the contract.
As for the demand for return of over payment, can you work out how many weeks you actually worked and calculate how much you would have been paid if it had been a weekly wage as opposed to pro-rata. That will give you a more realistic idea of if you owe them, and if so how much.
I can't imagine that they will want the hassle and cost of taking you to court, especially when court will take into account the actual contract, time in employment and your ability to repay.

If you can find a solicitor that might be able to do a 30min free consultation, and knows employment law, that would be the way ahead. Otherwise, contract Citizens Advice and they can assist.

Tigerstotty · 17/10/2022 17:05

Caroffee · 10/10/2022 18:18

You need to give three months notice when you work in a school. It will be in your contract.

Only if you're a teacher. If you are a TA it's 4 weeks or 1 month

Pigsinmuck · 17/10/2022 17:13

Caroffee · 10/10/2022 18:18

You need to give three months notice when you work in a school. It will be in your contract.

Why do people spout rubbish as though it’s fact when they have no idea!

The notice period for different roles within a school varies. For teachers there are 3 exit points in a year and you have to hand notice in a half term before one of them.

For support staff it’s common to have 1 months notice, but can be 2 weeks for staff still in probation periods.

Many schools are now academies and free to set their own notice periods so may vary from those I’ve mentioned.

It is absolutely not a blanket 3 month notice period for schools and to come on a post and just state it as a fact isn’t helpful!

Original poster

Honeybear58 · 17/10/2022 20:19

I wasn’t a teacher or TA, I was employed by a company to work in the school so not by the council or school itself.

I still haven’t heard back despite 2 emails asking for confirmation of details, the contract and how they worked out the cost I owe. I’m presuming I’m ‘safe’ if any legal letters appear as I have attempted contact to resolve this and they haven’t responded? I will not be making any payments unless they respond with the information I require, as it could be a mistake/a scam and I want them to communicate with me properly before I proceed further. Presumably they have realised they haven’t got a contract to withhold this claim? It’s nerve wracking as I cannot afford the costs, but it’s hanging over me as another potential debt causer if it’s delayed any further.

OP posts:

VanGoghsDog · 17/10/2022 22:50

You're not "safe" just because you've tried to contact them.

If you owe the money, you owe the money. You can't say "ah, but I tried to contact you, so ner".

But they do need to show in what grounds they claim you owe the money, and this detail would normally be in the employment contract. If they can't, or don't, provide it then you have no reason to pay it back. But they can pursue it for up to six years so they have that time to find the contract.

If it was a cleaning company you worked for, I'd imagine it's just a cock up and you'll never hear from them again.

Original poster

Honeybear58 · 17/10/2022 23:08

Not safe as in to get out of it, but safe as in I haven’t ignored them and hid away, I’ve made attempts to find out what the issue is before I begin paying them back which I’m sure any court would expect too. For all I know I do owe money but only half and they have made a mistake, so I’d feel better knowing it’s all accurate first, and if they don’t respond there isn’t much more I can do.

OP posts:

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