NHS didn't pay me this month!!!

REDMADCURLS

Hi

Hopefully I have posted in right place to get some friendly advice.

The story so far........
I have been off sick from work for 2 periods, culminating in my ending my current period of sick on 18th July and then going on holiday until 31st July and ending my employment (I resigned on 30th June)
This month pay was due on 28th July - I got nothing but my P45 - not even a payslip!
I was previously given to understand I would get six months full pay on sick but yesterday discovered I am under new T&C's which means I was entitled to 1 months full pay and 2 months half pay.
In total I was off 12 weeks but broken by an attempt to return to work which lasted 2 weeks.
Anyway, I am now trying to sort it out and I suppose I have two main questions.
A) They paid me full pay for May and June - if there is an overpayment can they claim it back.
Surely this month I was entitled to at least SSP and are they now in breach of contract given that they didn't even acknowledge me with a payslip on payday (3 banking days before month end)

If there is anyone out there with employment law experience or the same thing has happpened to them I would very much appreciate some guidance before the payroll manager calls me back

Many thanks
RMC

REDMADCURLS

shameless bump!

Reggie_Rebel

I believe that they can claim an overpayment back.

Apart from that I'm useless

dmg24

Yep, RR is correct, they can claim any overpayment back. The NHS do pursue overpayments, although they will allow you to pay in (reasonable) instalments.

With regard to not receiving anything this month, have you thought of just ringing them? I don't know why you are talking about breach of contract without even speaking to them.

REDMADCURLS

Thanks Reggie............I too think they can but I am not so sure they can just 'not pay me' but not sure

REDMADCURLS

DMG - thank you.

I have rang them......just now working my way up the pecking order

tinkerbell84

You probably were overpaid, and you may not have been entitled to the leave you took either, if you left part way through your leave year.

If they don't owe you any money, they don't have to pay you. How do the figures on the P45 compare with the figures on your last payslip?

REDMADCURLS

tinkerbell84 wrote: »

You probably were overpaid, and you may not have been entitled to the leave you took either, if you left part way through your leave year.

If they don't owe you any money, they don't have to pay you. How do the figures on the P45 compare with the figures on your last payslip?

Thanks Tinkerbell.

Thankfully I checked the leave I had accumulated and so know I am ok on that front.

I have just spoken to the senior manager and I am entitled to further pay along with SSP (which I have now learned your employer pays and reclaims from govt. otherwise if unemployed it changed to incapacity benefit)

So hopefully thats it sorted. He also mentioned that they had breached my contract as they are legally obliged to pay me on the agreed date - and, something else I didnt know, a payslip is a legal document, that we are all entitled to, regardless if there is money owing or not

arealbasketcase

Actually very few employers can recover SSP - there is a calculation based on the Percentage Threshold Scheme which allows an employer to reclaim once the percentage sickpay they are paying reaches a certain point, the chances of any NHS body reaching those thresholds are almost nil.

An employer is only obliged to pay you if they owe you anything, the payroll used by the NHS will automatically produce a payslip, even if it is zero, although I suppose they might be able to suppress it. What surprises me is that the amount you were paid up until the end of June was exactly the amount they owed you i.e. you are neither owed something, nor owe them. I appreciate you have spoken to a senior manager but just assuming for a moment they didn't know the exact calculation for your pay (and with the complicated PAYE, NIC, Holiday and SSP calculation involved I am sure I would need the computer handy) don't hold your breath.

I think you need to keep in touch with your payroll, I would be tempted to make an appointment and go to see them in person, if I were you. Good luck.

ohreally

What was your length of service?

marcus45

A)- if there is an overpayment can they claim it back.
Yes they can and will.
you cannot claim leave tyou have accumilated>
find another job and move on .. they are correct..