Paid full salary after leaving and employer asking for more back

[smileymileysmiley]

I left my previous role and should have been paid for 2 days plus my expenses. I was then paid my full salary 2 weeks after leaving, so I contacted my employer who basically said payroll hasn't been informed i'd left (i worked 3 months notice and did formal resignation letter etc) so entirely not my fault .

Anyway- then said They needed to wait another month until next payroll and i couldn't get my p45 till then - had to do new starter form with my new job but because it looked liked i'd worked most of april at 2 jobs i then got hammered with tax. I now have an invoice for repayment from
my previous employer for more than they actually paid me! Still no sign of an accurate wage slip of p45 though - i have requested these and also a breakdown of the invoice but can anyone work out why i owe more than the overpayment was? I don't owe any leave and they don't owe me any

surely this can't be right?

It’s not right, they have a legal obligation to release your P45 to you when they run last pay roll but they can’t as they’ve overpaid you so it will be wrong! Anyway sounds like they are trying to demand the gross amount bavk from you not the net?

thanks - no, not the gross as that would be even more! It's like 400 more than I was paid - i did do a salary sacrifice into a pension which they matched - obviously full contributions went into this so i'm not sure how that works either

You need the payslips, there is nothing you can do until you’ve got them as you’re just guessing as to what’s happened.
They should have reversed the pension contribution and the tax element along with that, however it’s really hard to say without the payslips

so I have had the payslips and a very unhelpful call with payroll where they threatened to take me to court if I don't respond in 30days - despite me
being clear on the call and my email that i am not disputing the overpayment and will pay back what I owe AND actually i am in contact with you right now and was the one who raised the issue - but, trying to clarify the invoice! Honestly - i was fuming. Anyway, they are seeking to take the pension contribution back which is why they want the salary (yes fine) but an extra £400 back that's in my pension! Surely they can recoup that if made in error - i can't access my pension for 30 years! Can anyone clarify where i stand legally