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Unlawfully dismissed and asked to repay so-called "salary overpayments"


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I would be glad for any advice on this as I am sending off a defence and counterclaim tomorrow by recorded delivery. Apologies if my post is a bit wordy.

 

Here is my story. I was employed as a Salaried GP by an NHS organisation on a fixed term basis, initially for 2 years. Near the end of the term, I wrote to my employer - so that I could negotiate a pay rise. They turned around and fired me. The letter they sent me said they were only doing this to reduce the costs involved in running the service.

 

In the meantime, I had signed on to a different contract with them and was essentially a permanent member of staff. I had carried on working on the new contract, and I enjoyed (and was proud of!) my work... and so, I was very disappointed to learn of the decision to terminate me.

 

Some managers also had to go in this cost-cutting move, with a redundancy package.

 

The employer is now claiming that I was overpayed salaries for 3 extra months after my initial contract ended.

 

To make matters worse, I signed up to a hire purchase agreement while still in employment. It was arranged by HR/Personnel and basically was an initiative to help NHS staff have a computer of their own for home use. Under this agreement, only employees with 3 years left on their contract could be approved by HR in the first instance. The repayments stopped when the job was unlawfully ended, and I was not contacted to return the computer - which by this time had crashed! The employer is also claiming I owe monies as part of this home computing initiative.

 

I feel very aggrieved and angry, and old wounds have been re-opened. I would like to know how to proceed with the defence and possibly even a counterclaim for all the lost wages, and the financial/emotional hardships of the last 3 years.

 

If I succeed in the defence, does it close other avenues such as the Ombudsman or even the High Court? Would pursuing the defence at this stage affect the result of proceedings at an Employment Tribunal - if the matter is directed there?

 

Many thanks

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I was employed as a Salaried GP by an NHS organisation on a fixed term basis, initially for 2 years.

 

Absolutely, no disrespect intended, but as there seem to be numerous interlinked issues in your post and litigation appears to have already commenced, you may benefit from some paid for F2F advice.

 

All the GP's I know certainly earn sufficient sums to afford this, and it could well be money well spent.

 

You can search for a local sol here:

 

The Law Society - Find a solicitor

 

Hope this is some help

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Thanks for that

 

I don't think I am looking for completely free answers. Litigation would proceed, and that is the path/option I have chosen.

 

I am already in contact with a local law firm and had been advised to bring in papers which I couldn't get hold off till today.

 

What I need is perhaps some help with completing the defence/counterclaim form tonight, as it has to be received by Monday.

 

Thanks again

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