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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Jenny, I work in a gp practice in Scotland as a nurse and my employers are the gp'

Resolved Question:

Hi Jenny,
I work in a gp practice in Scotland as a nurse and my employers are the gp's- not NHS. Last year it came to light that I had been overpaid by 3 1/2 hours per week for the last 4 1/2 years. To cut a long story short , an agreement was made that I would pay back this by working 4 hours extra per week until this debt was gone unless I left the practice and then an agreement would need to be made. Now my employers have tendered their resignation to the Health Board and as of 1/10/15 my new employers will be NHS Tayside. We are being TUPE over and they do not want to take on the debt. Now my current employers are asking for the money back. Can they do this- break the agreement we had? I ftheir partnership is dissolved how can I pay them? Also it is in a lump sum they want payment. Yours, Very stressed.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Had you agreed how the money would be paid in the event you left?
Customer: replied 1 year ago.
No . The agreement just said if I were to leave the practice an arangement would have to be agreed. I am not leaving the practice though, I am being TUPE over to NHS.
Expert:  taratill replied 1 year ago.
Exactly. I do not think the current employer has a leg to stand on here.
All rights and liabilities transfer to the new employer. The fact that the new employer will not compensate them for your debt is not your concern. Once you have transfered you are no longer their employer so they will not legally be able to pursue the debt against you.
I would just ignore this or tell them that you have no obligation to pay them as you are not leaving and are happy to continue on the agreed course of action.
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. Thank you and all the best.
Expert:  taratill replied 1 year ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer which is an important part of the process?
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank You. If I am getting in touch again re this can I speak to you or do I have to go throughall the details again with someone else? Also do you keep a record of our chats?

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