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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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Employed by the company for near 12 years off sick from Jan

Resolved Question:

Employed by the company for near 12 years off sick from Jan 9.3 months sick note awaiting nasal polyps operation.Got another sick note for further 3 months till July 7.Made redundant appealed got appointment with human resources physician to assess my fitness.when made redundant given what I was due to receive in payment which was all holiday pay 11 weeks lieu of notice and in august,redundancy pay.when made redundant told services not required and to use the time looking for alternative employment. Final sick note finished 7 July although fit for work 2 weeks after operation. Felt there wasn't any need to inform work that I was fit for work as they had told me I wasn't required.Asked to provide a fit for work note from my GP who dated it from January to 30 the July.went back to work who informed me I'd been overplayed and needed to pay back lieu of notice money about £3500 .Said I've spent that money as that was all I had to live on.SSP run out 7th July when sick note expired. Human resource physician sent letter to company saying I was fit for work 10 July.feel I shouldn't have to pay any money back as it was companys mistake and I would have been able to claim benefits if not getting a wage.putting in appeal as I write this
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. At the time you received and spent the money did you realise it was an overpayment and they could ask for it to be repaid?

Customer:

I didn't know at the time and even now I'm not certain that I have been overpaid.I believe that the company paid me exactly what they had said they were going to pay me and have scripted evidence of this

taratill :

Ok thanks in that case you can rely on the a common law defence which says that an overpayment is not repayable in the event that the money has been spent by the employee in good faith

taratill :

The defence is legally known as estoppel and simply if you can show that this is the case, which on the basis of what you say you can, the employer cannot reclaim or deduct the money.

taratill :

I would suggest that you inform them that this is your position and ask them not to deduct the money or require it to be repaid.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.

Customer:

You say that I inform them that this is your position and ask them not to deduct the money.but add or require it to be repaid.this sounds contradictory, should this not be,and require it not to be repaid.

taratill :

Hi technically that is a double negative but that is a gramatical issue not a legal one. To be clear you should say that they should not deduct it or otherwise require you to pay it back as legally as you can rely on the defence there is no right for them to ask for you to pay it back.

taratill :

Hope that clarifies matters.

taratill :

If you have any further questions please do ask.

taratill and other Employment Law Specialists are ready to help you