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?

Yes that may be the case. I’ve never said otherwise.

How long did you work there?

Never refused to go to work. Don’t have to defend my self to you.

No, of course you don’t.
It’s quite hard to make sense of your posts, though.

If you have it in writing from your manager that your resignation was accepted from 21 and valid from that date then I don't see how they can claim you need to pay the salary payment back unless there's something about not paying for days not worked during your probationary period (not sure this is even legal).

Hold on - you started this thread asking for advice...

So anyone that doesn't just agree blindly with you is wrong?

Surely if you were told to go home on the 8th and they considered that a termination you should have been paid for notice period, in your contract how much notice did they need to give you? 1week or 1 month

I worked for the trust for 8 years with an unblemished record. Took up a management post and was completely unsupported, not given access to systems, a phone and missing handover as doing visits, so no idea what was going on each day. Approached my manager lots of times and she wasn’t interested. I was also bullied by another manager who had already been investigated for bullying. I left on 1/8 as told to by my line manager. She said “I don’t even know why you have come to this shit show.” There then followed 3 weeks of going back and forth. They now want Augusts salary back and my ex manager has said I deserted my post on 1/8 so should not be paid. I raised a complaint after I left and it wasn’t upheld. They then banned me from working for the trust. I ended up in hospital in November and have spent 6 months getting my life back together. I don’t know? I might be in the wrong and have to pay this back but as far as I knew this was my August salary. I just wanted advice, not judgement.

It doesn't sound like you had any authorisation to not be in work. You were sent home on the 1st due to an issue you needed resolving. You felt you couldn't return because the issue wasn't resolved. At that point you had a choice to resign or get signed off. You chose not to go into work. That isn't a legitimate choice you had unless it's unpaid because you were making that choice. If your employer was asking you not to come in then that would be different but you were contracted to be in work and chose not to.
Why have you been banned from working for the trust? Did you follow all policies regarding complaints and absence from work?

Not at all

What does your absence management policy say? Did you provide a doctor’s cert, or self-certify as ill for a period of time?

Did you get any correspondence advising that you were going to be considered as abandoning your post if you didn’t engage by a specified date? What’s your contractual notice period?

Are you part of a union? I think you need to get their advice. If you've been banned from working from the trust is that part of a dismissal (or possible dismissal that didn't happen because of your resignation)? Or was this because you put in a complaint? Did they follow policy on this?

When they told you to go home on the 8th was that just supposed to be for that day and come back on the 9th or to go home and not to return until further notice?

They didn’t terminate your contract until you resigned, they could have terminated it before the 21st so I think you should be paid up until the 21st

Thank you, like I say I might be liable for this payment? I raised a complaint and this wasn't supported. They then said I was banned from working for the trust. If I applied it was down to the managers discretion, I later found out my email was on a block list. As it’s the only trust in my area I have struggled to find work. I previously worked on a lower band for 8 years for the trust with an unblemished record. So to try and say I deserted my post hurts.

I’m not in a union unfortunately. Lots of my colleagues had taken up permanent positions and then left to go back on the bank. As soon as as I made a complaint I was banned fro
the trust

This sounds really really difficult and my heart goes out to you.
The aspect of this that is making it more confusing for me is being banned from working for the trust, I can't see what grounds they would have for this if you followed all policies? Unless they are calling it misconduct for breach of contract for not working possibly?
I think you need some proper advice, from what you've posted here I think you could be liable but it really depends on if you communicated daily you wouldn't be in and followed policy etc. If them banning you from working for the trust is part of the complaint you submitted is this clear in policy as an outcome?

It seems very unclear to me the real status of your employment between the two dates so I'm not going to weigh in on that.

All I would say is that in terms of paying it back, a schedule of repayments over a number of months will be something the vast majority of employers would agree to without it being a 'big thing', they aware it's often just not something you can easily afford and so long as the payments come in, they don't really mind. They would pretty much be expecting you to ask to do this (I work in finance and deal with leavers owing money back to our organisation all the time, usually for breaking training agreements, bike or travel loans, that sort of thing- we usually do it over 3-6 months).

Thank you, I probably shouldn’t have posted on here. I completely accept I may be liable and will have to pay this invoice. Just stress I don’t need. As soon as as I tried to speak up for myself they said I was banned from the trust. As I say lots of my colleagues had tried a permanent post, left and rejoined the bank. They said I couldn’t as I had deserted my post. It wasn’t like that though and my manager told me to go home that day.

It's a strong phrasing "deserting your post" especially as you weren't doing so knowingly or with informed willing. You could challenge them saying you'd have expected communication from yout manager whilst you weren't attending work saying that is what you were doing.

As soon as as I tried to speak up for myself they said I was banned from the trust

So they are still trying to bully you even though you have left the post

Can you ask a Gp to write a retrospective sick note?

What does your union say? They have the expertise to advise you / defend you in situations like this. Best of luck

There was communication from her manager?

Saying that she needed to return or she would be deserting her post?

Were you signed off sick between the 1st and 21st or did you just not go in to work?

What was your contractual notice period & did you resign with immediate effect?

Were you paid for all of August or just up until the 21st?