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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46140
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, In 2009 my colleague and I asked the Management for an

Resolved Question:

Hi,
In 2009 my colleague and I asked the Management for an increase - this was agreed and we have continued on this grade receiving yearly increments. We are now of retirement age and have informed management of this and they are in the process of recruiting replacements. However one of the managers has now expressed dissatisfaction at our salaries. We have been asked to provide salary information for the past 7 years. We have completed our pension forms which have been submitted - now we are being asked by that manager to put our resignations in writing. It has been explained that we are retiring not resigning and the forms are on file. Another manager at the meeting where our salary increase was agreed remember this being discussed and agreed and feels that our salary is appropriate for the level of responsibility we have.

During a bout of depression my colleague did phone that manager saying we were 'overpaid and would return money'. My colleague has suffered bouts of depression in the past, each time caused by overwork and then she focussed on negative thoughts of always doing the wrong thing etc. the manager is aware of this trend and my colleague viewed the manager as a friend we actually very invited to her wedding when few members of staff were invited.

My questions are:-

Have we anything to worry about regarding reclaiming paid monies

Is the 7 years something significant?

Should we put our resignation in writing when it has not been normal practice when retiring as the form to the pension agency is normal accepted.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Customer:

Hi Ben - what is your opinion

Ben Jones :

When the increase was agreed was that documented anywhere or was it just implemented?

Customer:

The requested was documented on an Agenda however at the time the managers were meeting in a local restaurant and came back with the answers written by hand on the agenda - although the agenda is on the computer the handwritten agreement to the pay rise was not kept.

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

If the pay increment was officially agreed by the employer and there was no indication until now that it may have been agreed in error, you should have nothing to worry about. The comments by your colleague may have confused matters a bit but there is a reason why they were made and she is also not the one that would decide whether there was an overpayment or not – this would mainly be a factual matter, which would depend on what was actually agreed at the time.


 


After all, you have received this payment for the last 5 years or so and this has not been challenged by the employer, even though they may have had opportunities to do so during that time. Someone in management may not be that happy about it at this stage but that does not mean they can just claim it was an overpayment and try to recover it – they would still be bound by the original decision if that was done properly and by someone who had the authority to agree it.


 


In terms of the resignation, if you are retiring then that is still technically a resignation so you could be asked to confirm your resignation in writing, but check your contract to see if there is any specific requirement for the form your resignation should take – if it does not say anything about being in writing then contractually you do not have to do this if you do not want to. There is no harm in doing it though, it won’t change anything.

Customer:

Thank you your reply was very helpful and reassuring.

Ben Jones :

you are most welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46140
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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