Any help or advice anyone can give would be amazing!! and i apologise in advance for very long post - really hard to explain!!
I have worked for a very well known company for the last 3 years without a problem.
However i had my first child in November last year and have been of on Maternity leave since Oct 09, now i was supposed to get paid my normal wage monthly until Jan and then it was to be dropped to stat mat pay, but i carried on getting paid my normal wage in jan,feb,march and april - it was soo confusing!! i wasnt recieving any of my wage slips and was calling my HR dept on a weekly basis trying to work out what the bloody hell was going on, on the 28 May (normal payday) i didnt recieve any money what so ever so i called my manager asking what was going on now, she didnt have a clue and said she would find out and call me, later on that day she called me to sya that i had been overpaid my mat pay and they have just realised (why none of my calls were not logged i do not know????) but had put my amended mat pay in my bank later that day (so i could actually get food/electric etc) but it worked out i got overpaid in total by just under £2000.
Anyway my manager came round to my house to discuss the issue and confirmed i would have to pay the money back, but she had come to an agreement that i could pay an amount out of my wage each month when i returned after mat leave. I told her then that i wasnt certain i was going back as 3 hour commute, long hours away from my son etc etc and she said in this case then i may be taken to court.
Now a few weeks later ( beginning of june)my manager came round and said that she spent 6 hours putting a case together and took it to the highest manager in the building and he agreed that it was their error not mine, i had tried to resolve with no luck and that the debt should be wiped!! to say i was relieved is an understatment - infact i cried lol now when she said this she also said that i was not to feel obliged to going back to work and that it wasnt subject to my return.
At the end of July i gave written confirmation that i would be returning back to work on flexi hours etc etc at end of Sept when my mat leave finishes, however when it came to it i couldnt face going back and actually was successful in getting a job pretty much on my doorstep, closer to home better hours so much better for me and my family, so i called my manager and explained the situation, she told me there was no point working my 4 weeks notice as 3 weeks would be re-training so waste of mine and trainers time!
But then this wiped £2000 has been brought back up and she said that they may decide that i do have to pay it back as it was only cleared on the understanding that i was going back to work (now this is totally untrue, she knew i had doubts about coming back, she said that i wasnt to feel obliged to go back, and also the debt was wiped in beginning of june but i didnt conf i was going back until end of july - so really dont understand this??!)
I am also owed 136 hours holiday pay acrued over my mat leave, now this is basically a months wage and a hell of alot of money for me and my partner and we had planned to use it to pay of a loan that we are struggling to pay off, but my manager is now saying that they are thinking of taking this holiday money and using it to ofset the £2000 maternity overpayment.
Can they do this? i dont understand how a debt can be wiped and then because i resign they decide actually i do have to pay it back and take my owed holiday pay?!
what can i do? please help!!!