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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience:  Over 5 years in practice
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I left my previous employment for new employment 2 months ago,

Customer Question

I left my previous employment for new employment 2 months ago, now my previous company say that I owe them money for holiday that I apparently took over my allowance. I know I did not do this and I believe that its my word against theres. Where do I stand on this matter? It feels like they are asking me for money without proof and threatening action?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.


How can I help with this please?
Customer: replied 2 years ago.

Hi do you need anymore information?


 

Expert:  Jo C. replied 2 years ago.

I was just wondering if there was something specific you wanted to know about this ?
Customer: replied 2 years ago.

Where do I stand if I ignore this demand?


What can happen?

Expert:  Jo C. replied 2 years ago.
Do they owe you any money or have they paid everything?
Customer: replied 2 years ago.

They say they have overpaid me, but I believe they have not but I do not think either of us can prove it.

Expert:  Jo C. replied 2 years ago.
Yes, I understand that but have they paid you everything they owe you or are there other wages from which they could deduct?
Customer: replied 2 years ago.

No as I left the company 2 months ago with all wages paid to date. They are asking for money back now that i have left.

Expert:  Jo C. replied 2 years ago.
Thanks.

They cannot deduct it from your wages so if you refuse to pay they are really only left with the option of suing you.

Its not a criminal matter so the police will not be interested.

They may or may not sue. If they do then they will have to prove what they allege. They will also have to prove the exact sum of the overpayment.

If they are capable of doing that then you may have a defence anyway. The starting point with overpayments is that the money is due to be repaid and you cannot hide from that. You may avoid repayment if you can show that there was no way that you could have known of the overpayment and that you have changed your position in reliance upon the belief that the money was due - e.g spent the money.

Hope this helps. Please let me know if you need more information.

jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’

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