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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 53281
Experience:  Qualified Employment Solicitor
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I have received three salaries from my employer while I was

Customer Question

Hi I have received three salaries from my employer while I was on sick leave. They are stating that they did not received any sick certificate for that time apart from the first one. However I have send three before the online portal stoped working on my laptop. the total amount due is £4457. I have no job and actively looking for one have no financial saving to cover that amount and my current employer is refusing to give me positive references before I clear all of the money and exit the system with closed account.
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: yes
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: full time employee
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: yes
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 4 months ago.

What do you specifically want to know about this?

Expert:  Ben Jones replied 4 months ago.

Hello, not sure if you saw my initial query above - What do you specifically want to know about this?

Customer: replied 4 months ago.
Hi Ben, when is best time to have a call? Regards Yordan
Customer: replied 4 months ago.
Thank you for the reply
Customer: replied 4 months ago.
I am in a process of leaving my employer while looking for work. Due to knee pain my line manager did not agree to let me work from home. I've sent them 3 Sick Certificates through the company system portal covering for the period of these 3 overpaid salaries (month of March April and May). Sick Certificate is from 28 Feb till 22 August 2018.For this period of time HR Manager admired that it was their mistake that the company have sent 3 salaries that I need to pay back to the company.HR Manager had confirmed they have received no sick certificate apart from one for the first month.Spoke with company HR and Line manager and also with Payroll manager last Friday, 3rd in regards ***** ***** references. I Have been forced and warned that if do not pay that amount I cannot receive good and positive reference in order to find a new job - which I am currently actively looking for.I have told them if you do not give me reference I cannot apply for new role hence I can't get a job in order to start repaying any money at all - do you realize that you are making me unemployed by saying that, I said to the HR Manager. AT that point he removed the references from the conversation and tried to make me pay any amount today in order to settle down what they say I owe them.Based on my current salary I have told them I cannot guarantee that I can make a correct decision on how much and in how many instalments I can return that amount of money which is £4457.02. Out of that amount I need to remove 3 different variables:
- 2 time performance bonus of £500, plus 
- 11.69 days of accrued holidays, plus 
- Statutory Sick Pay for 25 weeks of 92.05.
(I need advice here as well on how to calculate all these amounts which I need to remove from the £4457.02)My Question is if I get a job offer from another employer today can I start it while I am with my old employer.
I need to know How the court will react if they have sent me salary and did Not received my sick certificate, meaning that is it normal to send me a salary in case I was working?
How likely is for the employer to take it to court action - Are we going to win in the if we take this case forward?
Is it necessary to prove that I have sent them Sick Certificate using their system portal online?
Expert:  Ben Jones replied 4 months ago.

Thank you. It is possible to start working for someone else whilst still employed by one employer, although you need to check your contract to see if they have anything prohibiting this. But if you cannot work for them because they do not allow you to work from home and you are still officially sick and unable to do your job, you can do another job which you can do, such as because it allows you to work remotely. Just don’t claim sick pay from the old employer whilst working and receiving pay from the new one.

Regardless of what happened, if you were paid more than what you were entitled to at the time, then that is not money you can keep and you would be expected to repay it. So the employer is able to pursue you for that amount, even if it was their error that resulted in the payment. Of course, if you simply cannot afford to pay that in one lump sum and can prove it, they should accept a periodic payment over a reasonable period of time.

It is impossible to say whether employers usually take this to court or nit as it depends entirely on the employer and the people making these decisions. So whilst some employers will never consider going to court over this, others will not even think twice. I just can’t say which of these your employer is.

Whether they received sick certificates or not is not really an issue, as long as you were not fit for work and did not come I to do your job – if that was the case then you would only be entitled to sick pay, whatever that entitlement at work is, so if they overpaid you during that time you will have to repay it one way or another.

Does this answer your query?