SWMBO had problems with her employer who is a local authority. Very long story but basically she was accused of something she didn't do and after their internal investigation (Which included much false information) she was sacked. We had taken on a solicitor as her union seemed to be too busy to help. Solicitor said to them that we would appeal their decision via an acas tribunal. They took this to mean that they could hold an internal appeal which we refused to take part in.
11ish weeks later they held their internal appeal meeting and decided that they had go it wrong so they wrote to her requiring her to go back to work and they also sent 3 months back pay, up to the end of that current month.
She had no desire to return to their employment so immediately resigned and the acas case changed to constructive dismissal. She resigned around the middle of the month and there was no mention of a notice period or pay in lieu of notice.
Through the investigation period (total of 16 months) her mental health suffered and was suffering from anxiety & depression. So rather than wait a further approx 6 months for the acas case she accepted a settlement which was probably significantly less than what she would have been awarded if she won at the Tribunal. It was presented to us by our solicitor as "well you have had 3 months pay which you were not expecting so the total of that & the settlement is not too bad..........."
Roll on 19 months and she has received a letter from this local authority advising that as she resigned part way through the month and they had paid her to the end of the month she is required to pay them back the overpayment. They attach an invoice and require payment in 3 weeks time.
So the question is should she pay the money back?
If not, what reasonable arguments can be used to avoid payment?
11ish weeks later they held their internal appeal meeting and decided that they had go it wrong so they wrote to her requiring her to go back to work and they also sent 3 months back pay, up to the end of that current month.
She had no desire to return to their employment so immediately resigned and the acas case changed to constructive dismissal. She resigned around the middle of the month and there was no mention of a notice period or pay in lieu of notice.
Through the investigation period (total of 16 months) her mental health suffered and was suffering from anxiety & depression. So rather than wait a further approx 6 months for the acas case she accepted a settlement which was probably significantly less than what she would have been awarded if she won at the Tribunal. It was presented to us by our solicitor as "well you have had 3 months pay which you were not expecting so the total of that & the settlement is not too bad..........."
Roll on 19 months and she has received a letter from this local authority advising that as she resigned part way through the month and they had paid her to the end of the month she is required to pay them back the overpayment. They attach an invoice and require payment in 3 weeks time.
So the question is should she pay the money back?
If not, what reasonable arguments can be used to avoid payment?