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  • FIRST POST
    • missty25
    • By missty25 13th Dec 12, 12:30 PM
    • 200Posts
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    missty25
    Possible sick pay mistake by work
    • #1
    • 13th Dec 12, 12:30 PM
    Possible sick pay mistake by work 13th Dec 12 at 12:30 PM
    Hello,

    My OH was off last week 3 days sick. So worked 2 days and also completed overtime for Saturday and Sunday.

    He has been paid for his normal 49 hours plus 16 overtime. Now previously when he has been off sick for less than 4 days he has not been paid SSP but on another occasion he was off for a full week and received full pay although this wa due to an accident at work.

    His contract is SSP paid after period of 4 days or more, so on this occasion he has been paid full pay. I just want to know where we stand, can his work take back the 3 days normal wages from him? Don't need this hassle so close to Christmas wondering g if they can deduct it from his wages due next week without his consent or would he have to agree for them to do this?

    Thanks for any advice.
Page 1
    • somethingcorporate
    • By somethingcorporate 13th Dec 12, 12:34 PM
    • 8,839 Posts
    • 8,533 Thanks
    somethingcorporate
    • #2
    • 13th Dec 12, 12:34 PM
    • #2
    • 13th Dec 12, 12:34 PM
    If he was not due the pay (and was overpaid) then of course work can take the money back. For such a small amount I would expect them to tell him first before taking it back in one go.

    Had they underpaid him do you not think he would be entitled to what he had actually earned? no difference in this situation.
    Thinking critically since 1996....
    • missty25
    • By missty25 13th Dec 12, 12:51 PM
    • 200 Posts
    • 520 Thanks
    missty25
    • #3
    • 13th Dec 12, 12:51 PM
    • #3
    • 13th Dec 12, 12:51 PM
    Thanks, just wondered due to previous discrepancies in their own policy i.e. the time he was payed for a full week off due to accident at work although I suspect this was to deter him from claiming for loss of earnings due to their negligence.
    • somethingcorporate
    • By somethingcorporate 13th Dec 12, 12:59 PM
    • 8,839 Posts
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    somethingcorporate
    • #4
    • 13th Dec 12, 12:59 PM
    • #4
    • 13th Dec 12, 12:59 PM
    Thanks, just wondered due to previous discrepancies in their own policy i.e. the time he was payed for a full week off due to accident at work although I suspect this was to deter him from claiming for loss of earnings due to their negligence.
    Originally posted by missty25
    Possibly, worth talking to HR and get clarity that he was indeed overpaid.
    Thinking critically since 1996....
  • CAB Malvern Hills representative
    • #5
    • 13th Dec 12, 4:52 PM
    • #5
    • 13th Dec 12, 4:52 PM
    Hello,

    My OH was off last week 3 days sick. So worked 2 days and also completed overtime for Saturday and Sunday.

    He has been paid for his normal 49 hours plus 16 overtime. Now previously when he has been off sick for less than 4 days he has not been paid SSP but on another occasion he was off for a full week and received full pay although this wa due to an accident at work.

    His contract is SSP paid after period of 4 days or more, so on this occasion he has been paid full pay. I just want to know where we stand, can his work take back the 3 days normal wages from him? Don't need this hassle so close to Christmas wondering g if they can deduct it from his wages due next week without his consent or would he have to agree for them to do this?

    Thanks for any advice.
    Originally posted by missty25
    Hi

    What the law says about this situation as as follows : if there has been an overpayment of wages then in most cases the employer is entiled to recover it and the employee is not protected by the normal rules which protect employees from their employer's making unauthorised deductions of wages from their pay packets.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • zzzLazyDaisy
    • By zzzLazyDaisy 13th Dec 12, 11:50 PM
    • 12,135 Posts
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    zzzLazyDaisy
    • #6
    • 13th Dec 12, 11:50 PM
    • #6
    • 13th Dec 12, 11:50 PM
    Just a thought - if your OH has had a recent period of sick leave, which ended less than 8 weeks before this sick leave started, this would be a 'linked' period of sickness. What this means is, provided he served the three waiting days in the first period of sick leave, there is no 'waiting period' in the second linked period, so SSP becomes payable immediately.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
    • nomoneytoday
    • By nomoneytoday 14th Dec 12, 9:26 AM
    • 4,718 Posts
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    nomoneytoday
    • #7
    • 14th Dec 12, 9:26 AM
    • #7
    • 14th Dec 12, 9:26 AM
    Are the weekend hours overtime if he didn't work the 3 earlier days?
    • missty25
    • By missty25 14th Dec 12, 9:53 AM
    • 200 Posts
    • 520 Thanks
    missty25
    • #8
    • 14th Dec 12, 9:53 AM
    • #8
    • 14th Dec 12, 9:53 AM
    Thanks for the replies, yep the weekend hours are 16 overtime.
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