Forcing full & final settlement
Discussion
Wife didn't return to work after maternity leave & has to repay some money. I am perfectly happy to do this however they sent one letter saying nothing owing, then an apology with a new amount of a few £k, then a correction a few weeks later. It is a lot of money and I would ideally like to get them to agree that when we settle at the latest amount the matter is closed to protect us from any further incompetence and heartache.
Would it hold any water legally if I write to them with the cheque and say 'here is the cheque, the employment ceased in April, if you bank this cheque you are accepting our terms that this is full and final settlement regarding this period of employment, exempting us from any further claims for overpayment, and the matter is now closed'
Would it hold any water legally if I write to them with the cheque and say 'here is the cheque, the employment ceased in April, if you bank this cheque you are accepting our terms that this is full and final settlement regarding this period of employment, exempting us from any further claims for overpayment, and the matter is now closed'
Soov535 said:
It's unlikely they will sue. But don't expect a reference.
Call HR and agree a figure. Then ask to pay if back at £100 a month.
What on earth are you on about. We are perfectly happy to pay it all back in one go, just want to make sure they give us the correct amount with no further demands I think that's reasonableCall HR and agree a figure. Then ask to pay if back at £100 a month.
Why would this affect a reference? It's not like Payrole write references anyway the whole thing is outsourced.
Countdown said:
OP
your wife will need to repay the Occupational Maternity Pay element of her Mat Pay. What you need to do is Ask the payroll team to provide you with calculations showing
(A) the actual mat pay she received incl tax and NI deductions
(b) the mat pay she should have been entitled to had they known that she wouldn't be returning.
You repay the difference.
Yep we have all that and it looks right, my only concern is that once it is paid, the matter is dealt with forever and that they won't start trying to say they calculated it wrong and we owe more money. I am only concerned about this because they have corrected the amount twice now. The guy has emailed saying it is full and final settlement but should I ask them to re-invoice stating the same on the invoice, or would this email from him stand up if they later change their mind about the amount? I am not filled with confidence about their competence and want to be able to pay it safe in the knowledge that the matter is dealt with and that I can shut down any future shennanigansyour wife will need to repay the Occupational Maternity Pay element of her Mat Pay. What you need to do is Ask the payroll team to provide you with calculations showing
(A) the actual mat pay she received incl tax and NI deductions
(b) the mat pay she should have been entitled to had they known that she wouldn't be returning.
You repay the difference.
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