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?

this - although I would probably add - "and go and fcuk yourselves".

Did you tell them in the emails that you didn’t think you could come back? They were clearly expecting that you might.

Thank you, payroll at first accepted my response that as far as I was aware I was still employed until the 21/8. It seems my former manager has instructed them to pursue the collection out of spite. She told them I’d deserted my post which is really hurtful

I did yes and she tried to talk me into going back. I have these emails. I’d approached her on numerous occasions saying I was finding things difficult and she did nothing. That was why I felt I had no choice but to eventually resign.

They can't force you to pay what you don't have.

Worst case scenario if thid is proven to be a valid debt is that they will have to accept an installment plan you can afford. Even if they sue you, a court can't order you to pay money you don't have and would rule that you should repay eg £10 - though only if the court accepted that the money was owed.

Keep it simple.

"I didn't abandon my position, I followed my manager's instructions to go home. I cooperated with a process aimed at enabling me to return to work. That process was not ultimately successful but my resignation on 21st August was not retrospective and I was an employee from 1st to 21st August, doing my best to follow my manager's instructions. I do not acknowledge this as a valid debt"

You didn’t abandon your post, you was told to go home by management.

For those repeating the “constructive dismissal” line, the OP had 3 months to bring a claim after the event that caused her dismissal. So unless you have a Time Machine, save your words.

Thank you

So you effectively resigned on the 1st, if you were at home refusing to go back?

It wasn’t that I refused to go back. I didn’t know what to do as I’d never been in this position before.

And she didn't turn up the following or any subsequent days, without management agreement or approval, and without a sick note. So yeah, she might be able to claim she should be paid for the first day, but I can't see the justification for any others. She chose not to turn up to work, she can't expect to be paid for it.

I didn’t choose not to turn up for work. Far from it, I was bullied out and nothing would have changed if I went back.

And while I have every sympathy - regardless of your wording, you sort of refused to go back - by not going back.

Can you share a timeline, OP. You mention a trust - was this NHS? (I’m ex-NHS HR.)

Yes NHS. Started on the 1/7, got paid for that month. Told my manager that I was getting no support on numerous occasions and she did nothing to help. Bullied by another member of staff. Told to go home by line manager on 1/8. Manager emailed to say resignation accepted on 21/8 and valid from that date. I then lodged a complaint with HR and they rejected this. I was banned from working for the trust. August salary paid with holiday due. Now asking for it back. Manager has said I deserted my post and August salary should not have been paid.

I never refused to go back? It wasn’t an option.

They told you not to come back? Otherwise, you were expected back. If you chose not to, that's on you (and obviously unpaid).

Sorry OP, I'm struggling with this.
You said before that she tried to make you go back. But you didn't. Isn't that the same thing?

I'm honestly not trying to come across snippy - I genuinely don't understand what you mean.

Your manager “tried to talk you into going back”. And you didn’t go back.
I’m not sure what I’m missing, really? You didn’t show up after the 1st, despite them apparently requesting that you did.

You miss the point that until the 21/8 I was still employed by the trust

But at home, refusing to go into work.

I didn’t go back because there was no point, nothing had changed. Maybe if you’d been in my situation you might understand it better.

From 1/8 onwards, did you have agreement to be on paid leave (or signed off sick)? If not, then you shouldn't have been paid. If you were overpaid, the public purse needs it back.

I suggest you set up a repayment plan with installments that you can afford.

But you're not due pay for days you didn't work.

The bit I'm struggling with, I think, is that you were paid for the period between 1st and 21st, and you didn't go in. That's why they want the money back.

I have no clue where they stand legally on that, but that's how I understand it.