Overpaid Redundancy Payment

D

deltech

Guest
Employer and Employee both based in Scotland.

My Sister was made redundant in February, and received approximately £10,000.

She is pursuing a case for discrimination against that Employer.

They are now saying they overpaid her redundancy, and have demanded she repay the overpayment, otherwise they will "force her into bankruptcy".

I don't know on what grounds they are claiming the overpayment.

I don't have any further information than this at present.

I will post more when I find out.

We do not actually know whether she was overpaid or not.

I do remember my Sister showing me a letter at the time, detailing so much per years service, plus notice, etc etc. All I can say is that the numbers "added up"; but whether they were the right numbers I cannot say.

At this stage, can anyone state whether or not she has to repay? (assuming it WAS overpaid)

Many thanks.
 
First off - Irish law could differ to Scottish law so not sure how helpful people can be.

Notwithstanding that it sounds like the employer is bullying your sister and I would be surprised if it went to court that she would be made to repay any more than she could afford in one single lump-sum or at least be forced to repay a small amount on a regular basis

Did your sister get written notification of how here redundancy was calculated?

Did she get written notification that her redundancy was overpaid and by how much?

She may need to get some form of legal advice.
 
Would need to know more info about what documentation was received. I'm Scottish and have a reasonable knowledge of the law
 
She is persuing a case against employer - does she have a solicitor engaged ? If so, it may be best to put this into the solicitors hands.
 
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