Are there any solicitors on here who know employment law help me?

[Arran]

Need some help with a problem with my old employer, can anyone help? Quite a unique case though at a guess.

Any help would be appreciated, I will give more info if someone thinks they can help. Basics of it is that my old employer paid me redundancy pay, but now they want it back.

Thanks in advance,

Arran.

 

[Maz]

Are you a member of a union?

Are you still employed by them? E.g were you re-employed? How can they ask for it back if they made you redundant?

Did you sign a redundancy/compromise agreement?

 

[Mclaren72]

I might be the closest to one on here. Final year of my law degree, and if I can't help you out completely I may be able to get a second opinion

 

[Arran]

Ok, give me a few mins and I'll type up what has happened.

 

[Maz]

My sister got a 2:1 in her law degree, happy to ask her if you want

 

[Arran]

At the beginning of April, e.on asked the majority of the workforce to meet. We were told that they were making redundancies and most of the people in the meeting would be made redundant and that we were on a 90 consultation period (or notice I think). So after about 2 weeks, I had a one-to-one meeting with my line manager to discuss my future and what I wanted to do. A couple of weeks after that, I was sent a letter with a figure for my severance. It wasn't confirmed at this point I would be made redundant.

In the meantime, I got another job. Before I put in my notice, I had a letter saying that anyone who had found alternative employment, would still get the severance pay, but not the notice period payment. This was provided they were not needed to stay until the end of the notice period (to basically see the company out to the end). I then sent my letter of resignation in. 2 weeks later, I got a letter asking me to sign to say I would waiver my notice period payment. I signed it and returned it. 3 weeks after that, my manager told me verbally that I was needed to stay until the end of the notice period.

I left the company and a few weeks later I got paid my redundancy. 3 weeks later, I have a phone call saying I owe them money. I said I was owed wages, so she said she would look in to it. That was 3 weeks ago and I have received a letter today stating I need to transfer them the money.

Where do I stand?

 

[jase]

Pm Fiona. Sure Fiona is a solicitor.

 

[Maz]

Are you a trade union member?

I don't think they have a leg to stand on if there was nothing in writing which said you had to stay on but I'm not a solicitor.

Might be worth going to see a solicitor see if they have a case, normally only cost you about £30 for an initial consultation.

 

[jase]

Alot/most solicitors do a 30mins free consultation.

 

[Arran]

I was a member of a trade union, but they were absolutely useless, I tried using them a few times, but they just didn't want to help. I am going to ring a solicitor tomorrow, but just wanted to know if someone could give me a bit of info if they thought I was totally in the wrong or if they think it might be worth sticking out. We're not talking huge amounts of money, but enough to make it sting! Lol! Especially when you have just paid off your fiancée's car loan! Ha ha!

 

[Fernandez]

Don't think they have a leg to stand on to be honest, if they offered you an enhanced package over and above the standard Accord agreement terms (around 3 weeks per year served) and you signed a contact to this effect clearly stating how much you get then they can't get it back. The fact that you initially waived your right to notice period ment that your employment should have terminated there and then, as they requested that you stay on they owe you money, stand your ground as they are being idiots who know they won't win if it gets any further.

 

[Ed...]

Hmmmm sticky situation mate, I think you almost definately need to get a solicitor involved, if you have all the evidence of the above though they don't have a leg to stand on I'm sure

 

[Gouldy]

You mentioned you had tried a trade union?

Which trade union was it?

There are a few I have used in the past, ACAS are a general employment law government run company. They will fill you in on basic legalities of employment contracts.

However a better way would be to be in a job specific trade union. I am in unite which was formerly amicus. They are **** hot and I would recommend them. As soon as I have an issue with work or they try to pull the wool over my eyes my union rep turns up and reminds them of legalities entailed and saves the day.

Well worth joining one if you can buddy. I hope this helps.

 

[Brown bear]

I'd go down the route of citizens advice bureau before potentially paying out for a solicitor. They are very helpful, and when I've used them in the past explained exactly what I needed to say/write (including which regulations/laws to quote) in order to resolve the situation.

 

[Mclaren72]

From what I have read the only thing they would be able to claim back would be the notice period payment if they had paid this to you because you agreed to waiver it. However, there was nothing in writing to say that you would waiver or reimburse them with any amount or the entire redundancy payment, therefore they shouldn't be able to request this back unless they have overpaid you.

The normal entitlement for redundancy payments depends on your age, how long you have been working there and normally maxes out at 20 years I think. So I would check if they have overpaid you first or what their reason is for asking for it back. I don't know what the whole process was with it, but they may argue you handed in your resignation or agreed to resign without payment or something like that but again I don't know how it was dealt with, if this was the case they still shouldn't get far, the court would only need to look at the history of the case and see they began the process of redundancy and would see it was fair for you to assume payment.

First thing to do is speak to your employer and find out their reason for wanting the payment back, then you will be able to decide where you can go from there. At the moment it seems as though the whole redundancy procedure has taken place so that's fine, now you just need to find out what your employer is up to.

I would send them a letter and remind them of your rights concerning redundancy, you could throw in your rights under Chapter II Employment Rights Act 1996 (which may have been amended by the 2002 act, but not sure if it has).

Once you know why they want it back, you can voice your argument, then if you fail to reach an agreement and they still want it back the only place to go is through the courts, so you will have to seek the help of a solicitor. So try and sort the problem first, find out what their argument is and then you can decide whether to send it back or take it to court if they still demand it back.

Not sure if this will help, this is just what I think from a first glance (plus I could of just blabbered on and made no sense so let me know if i did lol).

 

[Arran]

Thanks for the help people. Before I left I tried to get the GMB Union I was with to get the redundancy paid to me after they told me I wouldn't get it, but they were useless.

They have said that I shouldn't have been paid any redundancy because I handed my notice in. But I handed my notice in because I was told I would still get my redundancy pay. It wasn't until at least 3 weeks I was told I wouldn't get it and only verbally. I have had letter saying anyone who left early would still get their payment, providing they are not needed within the company. Even though this is the case, I gave them about 6 weeks notice and they didn't let me know this until about 2 weeks before I was due to leave. Which I think is unacceptable.

Also, if a get paid something, I am to assume they have got it right, after all, it is money and they should be concerned BEFORE they pay you. But also, it was 3 weeks after they paid me before they contacted me regarding it.

I rang a solicitor today, but I only spoke to her PA, she was on lunch and I missed her return call. Hopefully I will be able to contact her again on Monday. I haven't responded to the letter they have sent me just yet, as I would like to know what I am likely to do before saying anything.

My current thinking is that a solicitor will say I should pay a compromise, so for example, offer to return half the amount, but I really need to sit down with someone and show them the letters I have had etc.

 

[Mclaren72]

Thanks for the help people. Before I left I tried to get the GMB Union I was with to get the redundancy paid to me after they told me I wouldn't get it, but they were useless.

They have said that I shouldn't have been paid any redundancy because I handed my notice in. But I handed my notice in because I was told I would still get my redundancy pay. It wasn't until at least 3 weeks I was told I wouldn't get it and only verbally. I have had letter saying anyone who left early would still get their payment, providing they are not needed within the company. Even though this is the case, I gave them about 6 weeks notice and they didn't let me know this until about 2 weeks before I was due to leave. Which I think is unacceptable.

Also, if a get paid something, I am to assume they have got it right, after all, it is money and they should be concerned BEFORE they pay you. But also, it was 3 weeks after they paid me before they contacted me regarding it.

I rang a solicitor today, but I only spoke to her PA, she was on lunch and I missed her return call. Hopefully I will be able to contact her again on Monday. I haven't responded to the letter they have sent me just yet, as I would like to know what I am likely to do before saying anything.

My current thinking is that a solicitor will say I should pay a compromise, so for example, offer to return half the amount, but I really need to sit down with someone and show them the letters I have had etc.

I thought thats what your employer would base their argument on, the fact that you handed in your notice, they're going to try and claim something silly like they didn't make you redundant.

You have the letters for proof anyways, so I would ring the solicitor monday and have a meeting with them asap to discuss your next step. They will be able to see the whole situation and documents you have and make a sound decision.

You may be right about them suggesting a compromise but at the end of the day your employment started it and I wouldn't want to give them a penny back, most companies are gold diggers anyways. The problem with your situation is that you handed your notice in which complicated it a bit

Let us know how you get on with the solicitor mate