Employment Law

Tommy Cockles · October 3, 2008

Just wondered if anybody could give any advice on the following:

I left my old company earlier this year and gave the 3 months notice that I was required to do.

At a meeting with my manager we agreed that I need only work 2 of the 3 months although I offered to work the 3.

We had a verbal agreement that I would still be paid the 3 months. I did not get this in writing as I had always enjoyed a good relationship with him and did not think it was necessary. Naive.

I was owed some holiday pay which I was told would be in my final salary, which when it arrived was not there.

I had a feeling that they did not actually know that I had left (its a very large company) and they were just paying me as normal, so it proved. I called payroll and they had not been notified that I had left. I could have carried on being paid!

I then learned that I was only due 2 months as they claimed that was the agreement, and as a result I would not be paid the holiday pay as this was swallowed up in the 3rd month.

As it was not in writing I was screwed.

So whilst I had not gotten my holiday pay, I did still have the 3rd month. They made no mention of paying back the "overpayment" at this time.

4 months later they have written to me saying I have to pay back the balance, i.e the months salary minus the holiday pay.

Where does this sit in law? Are they able to reclaim money off me now that I am no longer in their employ and haven't been for more than 3 months?

Any advice greatly received. TIA

Fagan · October 3, 2008

This post is not viewable to guests.

You can sign in to your account at the login page here