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RJM Law, Lawyer
Category: Law
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Experience:  LL.B (Hons)
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A remark: I have not left voluntarily, why do they assess

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A remark: I have not left voluntarily, why do they assess the case that current employment is finished and if new starts they have right to take from new pay deductions?
Got a letter from payrollThank you for your email. I will check with payroll and People Services if in this circumstances it is appropriate that a leaver form was submitted or if it should be a change of circumstances, as you have been assessed by OH & left your current role to undergo redeployment. Please also find attached as requested a copy of your final payslip (July 2021).Your Invoice (53499623) for £830.97 is the overpayment within this payslip. You were only due pay up until 14th July 2021 (your last working day) equal to £899.26. Once I have clarified the above this overpayment will be due to by payment in monthly instalments, with the opportunity to transition to deductions from your payslips if preferred when you commence a new role with the Trust. As I’m sure you understand, we are legally bound by the Department of Health to recover all overpayments of this nature in order to fund critical frontline services, just as you are bound by the terms of your employment contract to return any overpayments.

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Thank you.

Thank you for the question.  The reasons for leaving doesn't really affect this situation.  However, under the Employment Rights Act 1996, the employer is legally allowed to retrieve an overpayment but they cannot take it all at once and must do this at a percentage of your pay (unless you agree to pay more).  It seems from the email, they have made a mistake and are looking to claw back the over payment over time, as stated, under the law they are legally entered to do this.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland)

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