Former employer salary invoice

[Brazilnut25]

Hi I’d really appreciate some help and advice. I left my former employer in August of last year. My last day at work was the 1/8 after they told me to go home. There was some discussions about returning but for my mental health I couldn’t. My resignation was confirmed by them on 21/8. I was paid August salary (including some holiday owed) and now they want it back. I’ve been sent an invoice. I don’t have this money, what do I do?

So were you paid for August but you left on 1st? Or was it 21st?
I don't mean what day you physically left I mean the date as per your resignation or dismissal

It’s very complicated. I was basically bullied out and did put in a complaint which wasn’t upheld. I was told by my manager to go home on the 1/8 and for the next 3 weeks there were discussions about me returning. I ultimately decided I couldn’t and my manger sent an email confirming my resignation on the 21/8. I was then paid. Now they want it back as she says I deserted my post on 1/8. I just don’t know where I stand

Give ACAS a call on Monday. It sounds more like you were suspended than you abandoned your post.

Thanks I did call them on Friday, they said I was effectively on “garden leave” but as the last day I worked was 1/8 they might be able to get it back. I just don’t know.

I’d write back along these lines

I was sent home on the instructions of my manager on 1/8. I was not advised there would be any impact on my pay, and indeed I was paid as normal in the august payroll. I had no reason to think the period between being asked to go home and my termination was anything other than normal pay. X months have now elapsed and it is completely unreasonable for you to now claim this was some sort of overpayment when it was clearly just my regular salary being paid for that short period. I regard this matter as closed.

Thank you I’ll try that

Constructive dismissal. Mention this to them.

Did you happen to see a doctor about your mental health during that period in August?

I didn’t no, most of the stress was gone once I’d finished

So what actually was the situation between 1/8 and 21/8? “Garden leave” is when an employer agrees that you will not work, but you’ll still be an employee and still get paid. If there were discussions about you returning, it sounds like there had not been any agreement reached nor direction given that you were on “garden leave”.

I would definitely go down the constructive dismissal route here.

Not constructive dismissal. Don't mention this to them and make yourself look silly.

Except she can't.

Please stop with the constructive dismissal nonsense. She is well outside the time within which this would need to be raised as a claim.

There was no agreement. I told my line manager I couldn’t cope and she told me to go home. There then followed a period of 3 weeks where emails were sent back and forth and I eventually resigned. This was accepted on the 21/8 with an email from my manager. She’s now told payroll “I deserted my post on the 1/8 so don’t deserve to be paid”

I’m in no way saying I’m not liable for the amount, it could well be I have to pay it. I’d just like to know if I have any option’s as I don’t have the money. I took it as that was my August salary including owed holiday pay. They subsequently banned me from working for the trust at all because I complained about how I was treated. I found myself unemployed for 6 months.

I’m in no way saying I’m not liable for the amount, it could well be I have to pay it. I’d just like to know if I have any option’s as I don’t have the money. I took it as that was my August salary including owed holiday pay. They subsequently banned me from working for the trust at all because I complained about how I was treated. I found myself unemployed for 6 months.

Constructive dismissal.

Does it matter if she makes herself look silly? (I didn’t realise the 3 month time limit but then isn’t there a time limit on them changing their mind about pay?)

Stop this nonsense.

You just need to reply stating your resignation was accepted on 21 August and as far as you are aware that is the date you have been paid until plus holiday pay.

State if they believe they have overpaid you to please breakdown in writing in what way this is the case and then take it from there.

Then you will see whether they simply are saying they only need to pay you until the 1st at which point you explain that between 1 and 21 you were at home at the request of the manager but still employed.

They have 6 years to recover a debt.

OP - do not pay your former employer back any money.

Have you got the terms in writing that they told you not to attend work? Any emails? This is your proof that they promised to pay you. Also, why are they making requests for the salary back 8 months after you had left? Seems bizarre to me.

This is definitely constructive dismissal. I’d ring ACAs for professional advice on Monday.

I don't think you're entitled to be paid for August, as it seems you didn't work, weren't signed off sick and hadn't got an agreement with your employer for paid garden leave/any other kind of paid leave.

That said, you don't necessarily have to repay it in one lump sum straight away. I'd contact them and negotiate an affordable repayment plan.

Where in OPs posts does it say they agreed to pay her?