Forum - Advice on overpayments

Advice on overpayments

Mon, 29/03/2010 - 12:59 — Jimmyp86

Here is my situation

In August last year I was dismissed from work for not performing my job correctly. I was out of work for two months. In this time I was looking for new work and also pursuing an appeal process. In November my appeal was approved and they re instated me and also stated they would reimburse me for the two months I was out of work. While I was out of work during these two months they continued to pay me so there was no need for them to reimburse me as I had the money already owed to me.

Anyway I went back to work for a whole week but got a phone call from another company that I had an interview with whilst off work and they offered me a job. I took this job as I did not feel secure staying at my old work place. They unfairly dismissed me and I did have a strong case to take them to a tribunal. I had issues with the manager at this store and he did have enough grounds to dismiss me and as a result this is why they reinstated me

At first they were requesting a certain amount of money and I got in contact with them and told them I dispute this and requested they send me a break down of where I owe this money from. They sent me a letter back with prints outs of my holiday and working hours that I had worked. They also amended the amount owed and gave me a new figure that was £70 less as they explained the branch that I worked for submitted these details in error. The only other thing that I can see is the amount of holiday that I had taken. Prior to them dismissing me I had taken around 4 weeks worth of holiday. My full entitlement was around 5.2 as I had been in the company for close to 8 years. Now I do understand that holiday is done on a rota system so to be able to take full holiday entitlement I would have to have done a full financial year. The fact that they dismissed me I feel that this should not be paid but they could come back with the fact that they reinstated me and I it was then my choice to leave after that.

All in all I really just want advice/opinions from other people as I do not know what is right or wrong in this case. I think at the end of the day I will just pay this as I do not want to incur further charges (small claims court) as they state they will take the matter further if I do not pay them. I am just annoyed at the situation as I should of taken it to a tribunal when they dismissed me but I choose not to as I was just happy to have my job back. I am also annoyed at the fact that they can’t do the paper work side of things correctly. If they had done the paperwork correctly firstly I would not of got paid for the two months that I was out of work as my contract was ended and secondly they would of asked for the correct amount and not have to amend it on the second letter. If I did not dispute it and just paid they would also of had an extra £70 out of me

Sorry for the long post and I don't think I have left anything out. Any replies would be appreciated