Can employer reclaim sick pay made in error

Face

Hi everyone,

I'm hoping someone can offer some advice on this please.

The situation is this:

The company does not pay any sick pay - just SSP where relevant.

Some months ago, a week was taken off to recover from a hospital operation and a sick-note was duly given to the company. When the payslip was received, there were no deductions made for the time off sick. Assumed company had paid sick-pay as it was a genuine case and not a "phone-call on Monday morning saying I've got bird-flu!" case.

Company has now realised the mistake that they made and now wants to claim the sick-pay back that they paid in error. Can they do this? Also, if they can - can a back-dated claim for SSP be made?

Many thanks

Hammyman

Any overpayment made in error can be made and legally has to be repaid. Not sure about the backdated SSP but if the answer was no to that, I think I'd ask them if there could be some compromise made so you're not out of pocket.

Uncertain

They must give you at least the SSP. It is their legal duty to pay and up to they to claim it back from the gov if they are eligible (this is complex).

They may have lost their opportunity to do this but that is not your problem.

If you were not entitled to any company sick pay then yes, they are entitled to have this part back.

McKneff

Have they actually said how much they want back, I would presume its the pay that they paid you that week, less SSP,
Remember though you would have had 3 waiting days without SSP if it was your first week off sick.

Face

Thank you, everyone.

Is there a time-limit for them claiming it back?

Uncertain

Face wrote: »

Thank you, everyone.

Is there a time-limit for them claiming it back?

Six years!!

Face

Uncertain wrote: »

Six years!!

Oh well :-)

Thanks again.

Tiddlywinks

How would you feel if the situation were reversed? You'd want the underpayment wouldn't you?