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?

Unfortunately, just because you weren’t fired or didn’t resign until 21/08, that doesn’t mean you should have been paid. Without agreement that you were off sick, I think you were still employed but were at home without pay. Being employed and being paid are two different things. At my company, you would not be paid for these days.

It’s very hard to explain on here. She told me to go home but didn’t expect me to return. She followed due process and asked if I would consider going back. This was emails back and forth for 3 weeks. So in my mind I was still employed at that time.

Thanks yes I’ll do that

Thank you

Your manager told you to go home. You went home. Do not give them any money. Contact acas who can help you draft a response/explain your position. They told you to go home. It doesn't matter if they deny it - that is what happened. If they start threatening court you double down. Do not talk to them except to repeat your position 'I was told to go home so I went'. Did you keep any of the emails from that time?

Sorry, I had misunderstood - of course you'll be due a good bit of holiday pay in that case.

I understand a bit better now. Did she say anywhere in writing that she wasn't expecting you in work? That would be helpful written evidence.

Thank you, yes I have all the emails.

I was very stressed out and after my line manager told me to go home they contacted me and basically covered themselves. She knew me going back wasn’t really an option. Other people had done the same as me, taken a more senior post and left. They then went back on a bank basis but because I raised a complaint about my treatment they banned me from the trust.

Ah, I see, so unfortunately for you her emails don't say anything about her not expecting you to come back.

I think you can rely on a good number of days of annual leave pay (you will know how many you were owed), and then will need to pay back the rest on a payment plan. Hopefully it shouldn't add up to more than 2 weeks' pay.

Thank you. Yes everything else aside I think I will be liable for Augusts salary. I’ll have to tell them I don’t have the money and see what they can arrange.

I’m not clear on what basis they feel it’s owed back to them. Your employer accepted your resignation on 21/8 effective that day.
Until then you were effectively on Garden Leave. They didn’t communicate the absence as unpaid, and further they paid you until 21/8. All of their actions indicate they intended for that period to be paid absence.
Now it seems they’ve changed their mind, which could be seen as revenge for the complaint raised. Do they mention whether garden leave is paid or unpaid in your contract?
It’s not going to be a good look for them if they take you to court over it. I would be calling their bluff on this. If you have home insurance, it often comes with legal cover. Check your policy.

But you weren't working, nor off sick?

Thank you everyone for the replies. I think I just sat at home, in shock at the way I’d been treated for 3 weeks.When I got paid Augusts salary I thought that was the end of it, as my former boss emailed on the 21/8 accepting my resignation. As I say I did raise a complaint with the trust but it wasn’t upheld as they said I’d deserted my post. Even though I was supernumerary at the time I left. For them to send me an invoice 8 months later has upset me because it’s taken me a long time to get over it all. I’d worked there for 8 years prior to taking on a senior role. I will contact them and see if I can arrange a payment plan.

I don’t really know myself why they think I owe it back. I think it’s all to do with the complaint I made. Just another nurse who would never ever work for the NHS again. Doesn’t matter how hard you work or how much you care. Its run by bullying toxic management and that will always be its downfall until changes are made.

Legally this is an estoppel. As Lord Denning MR put it in Moorgate Mercantile v Twitchings (page [323]), estoppel is a principle of justice and of equity which provides, in very basic terms, that:
'…when a man, by his words or conduct has led another to believe in a particular state of affairs, he will not be allowed to go back on it when it would be unjust or inequitable for him to do so.'

The manager instructed you to go home.
You went home in the expectation that something would be resolved.
It wasn't sorted so you resigned.
You were paid up until your resignation date and, based on the managers advice, reasonably believed that the salary was legitimately yours.
Given the length of time that has passed and that you no longer have the money it is therefore unjust and inequitable for them to reverse their original decision and demand repayment.
If they threaten legal action either challenge it or offer £10/ month.

This is bonkers. They accepted your resignation on 21/8. They did not say 'we dispute this and it's the 1/8'. I get they are horrible but why are you rolling over for them? Make them work for it. Worst that happens you go to court and pay back the money. You won't get a criminal record for challenging this for goodness' sake. But you will be impoverished if you roll over for their ridiculous demands.

Thank you, I’ll read up on this.

Thanks that’s all very true. Just not sure I have the energy to do it. It’s taken me so long to get back on track. This invoice then just appeared completely out the blue.

Having been in a similar situation in a job before where going into work was untenable but I didn't have the emotional or physical energy to follow due process ie be signed off i can see how this happened, it's not your fault. Very different to be commenting/reflecting when not in the situation yourself. It sounds like you've done amazingly the past few months to move on, it's unlikely they'd go a legal route to reclaim monies- but for your own MH and depending how much you want to invest in seeing this through it might be less taxing to pay via a payment plan. The NHS treats its staff horrifically, if there are any positives hopefully this has encouraged you to look elsewhere; I earn a lot more for less stress as a nurse outside of the NHS.

But if the OP’s complaint wasn’t upheld on the grounds that she deserted her post, that is obviously the trust’s position and I think it would be hard to fight this if it has already stood?

Thank you, sorry to hear you’ve been through similar. It’s exhausting. I told payroll about my resignation from the 21/8 and holiday pay and they were fine with it. Then my old manager piped up and said no she deserted her post and isn’t due this money (they sent me her email and it was horrible) It’s so complicated to explain. I’ll send a reply and tell them I don’t have the money. I’ve left the NHS now and would never ever go back. I didn’t realise until I started my new job how truly awful they are. It’s such a shame as everyone works so hard but management lets them down so badly.

The point is though that I didn’t desert my post. I was supernumerary and the person sitting next to me simply carried on with the day, along with the coordinator.

OP, write back to them in very simple and short terms explaining why the debt is not owed, keep it simple, un-emotional and factual.

Whatever you write can be presented at court so this is why it is important to keep to the basic facts of the matter.

If you want to inhibit the presentation of the letter at court then head it "without prejudice", it then can't be presented, but if you are simply stating the facts it may be useful that it is.

Then ignore, do not correspond further, if they decide to apply to the court there is a written exchange of evidence prior to a physical appearance, so it might not go that far.

I’m not sure it’s relevant that you were supernumerary. Your post is your job, i.e you are a post holder and you left. On the first day you left with agreement. Following that it will very much depend upon the specifics of the conversations and emails between you and any representatives of the Trust.

Any Trust I’ve been at has to take any debt write off to Finance committee. They expect to see all steps that have been taken and if there is a lack of engagement a debt collection agency may be instructed.

I would suggest that you engage with the Trust and outline exactly why you feel you were due this money. If you were in a union talk to them. I suspect legal advice would quickly cost more than the debt.

If you do have to repay some try and get some of it limited, such as the holiday pay and that you were self certified sick for the 1st to 8th August. And ask to pay in affordable instalments.