A friend of mine started work for a care home around eleven months ago.
From the very start they over paid her and it has just come to light.
I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).
The company has now demanded she repay the over-payment. I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500. (Please don't comment that this was a huge number that she should have noticed, I already know!).
At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.
I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place. She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.
I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are.
Just a further update! So far no documentation for SAR request. I have also trawled back through an old BT email account I am still using , found email conversations between myself , HR and union rep. There is mention of my ongoing case with the company, correspondence with HR about coming back to site for follow up interviews and dealings with my rep up to the point I handed in my resignation which was Feb 2014. As far as I can see these conversations prove that I was on suspended leave pending investigation. Coupled with the fact the SAR if it ever appears will not have these email trails as I suspect my works email account was deleted a long time back.
In terms of the mediation I have already noted that I do not have all the relevant information so this will render any mediation useless which should proceed it to court.
For now I will keep these cards close to my chest and provide those documents at a later date. I feel confident that a judge will throw this out on the grounds of their lack of evidence in the first instance.
Anyway now I am repeating myself.I will say that, if the Magistrate is merely witnessing the Declaration was made, why in part 23 does it say the court may accept service of such a declaration .
Section 14 of the majistrates act sub 3
And I am also repeating myself when I say the SD will be examined if out of time. I mean it says so on the application for god sake. The fact that such an application is not applied straight to the court should be A clue
As for the points you keep raising about misreading the OPs original post, it happens, get over it. It makes me think your comments are more personal than about the issue.
Glick, is that Bluebottle by any chance, well well?
Indecently I never said anyone will be interrogated here, that was you,
An SD is not proof, you said that yourself, as does the old act.
As for making a deal on how to plead, really, so what does the prosecutor tell the DVLA.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!