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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have now left my previous employer and started with a new

Resolved Question:

I have now left my previous employer and started with a new one. However, in my final week of employment, they had claimed that I have incorrectly claimed expenses, and I owe them £4k. I had a disciplinary meeting about this, which I claimed that I have done the same for the past 6 years, and every manager has approved this, so I did not understand the issue. In additon to this, I asked them about other allowances which should have covered the expenses. Anyhow, I heard nothing, and left my employer. I have now started with my new employer and 2 weeks into the job. My previous employer suddendly sent me a letter demanding the £4k, and given me two options to pay it back. They have asked me to sign a letter, and start repaying. As I am no longer employed or under contract with this employer, I cannot see how they can demand money from me, unless they take it to court. In addition to this, they have stated that I have 5 days to appeal from date of letter. I want to know if I should reply, or simply state that as I am no longer employed by them, I am not under contract to comply to any disciplinary action. Can you please advise?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What are the options they have given you for repayment?
Customer: replied 1 year ago.

£300 per month from Jan to Dec, but they want me to sign a letter and send back to them. The second option is to withhold my outstanding salary and OT/expenses and pay £200 per month until full payment made. Am I legally obliged to repay anything, even when out of contract?

Expert:  Ben Jones replied 1 year ago.
You are correct that you cannot be forced to pay anything back now, unless they take it to court and win. So regardless of what the disciplinary has found, their request does not need to be complied with at this stage. You could either reply stating that you disagree with the outcome of the disciplinary and will not be making any repayments, or just ignore their correspondence and let them take it further if they wanted to. But as far as your legal position is concerned, unless they have a formal court judgment in their favour, you cannot be forced to repay anything. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you Ben, this is in line with what I had hoped. One more query, can they withhold money they owe me for holiday pay etc. or should I just write this off?
Expert:  Ben Jones replied 1 year ago.
Only if there is a specific clause in your contract allowing them to do that
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