Hello, my apologies for not being able to reply yesterday, my trial ran over by quite a bit and then I had to drive until late.
Anyhow, going back to your query, I have a better understanding of your position now but from what has happened and what the employer has said I do not really see what they expect from you, or in fact, what they legally can ask you to do. OK, so you billed a client for services which you may not have been supposed to but the client paid and from what you have said they did not challenge this and neither did the employer have to pay anything back. So they have not actually suffered any losses as a result. Had they suffered losses as a result of your alleged negligence, for example you did work you should not have and billed the client and got paid, then the employer had to reimburse the client, they would have suffered losses because you should not have been paid for that work. In that scenario they could ask you to repay the payment that you received in error, or if they had suffered any other losses, perhaps ask for a contribution to these (assuming there was shared responsibility).
So the key is have they suffered losses as a result of the alleged negligent billing? If they have not suffered any losses from this, there is not much they can do now – they cannot just penalise you financially because penalty clauses re unenforceable and they can only pursue you for genuine losses incurred as a result of this. You can challenge them to prove any losses they are trying to claim and if they cannot – simply state that there is no liability on your part in the circumstances.
However, if they did have to reimburse the client and this was because you negligently carried out incorrect work, they could ask you to repay money which was paid to you incorrectly.
This is your basic legal position. I have more detailed advice for you in terms of the options they have to take this further in the event losses have been incurred, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you