Sick pay being with held

flossy_splodge

Does anyone know if the employer can with hold paying sick pay and/or refund of tax through payroll to make up a shortfall in payments made under an Attachment of earnings ruling?
Thank you.

chrisbur

Different types of orders have slightly different rules, but I believe that all orders have a protected earnings figure. If your earnings fall below this the order cannot be taken, do you know what your protected earnings figure is and did you get at least that?

flossy_splodge

Hi. The query is on behalf of a friend and what I understand is the protected earnings was NOT reached but one week a couple of months ago the AOE was not taken and HMRC now want to claw back the shortfall.
My friend has had it suggested that their sick pay can be withheld until this shortfall is paid.
They are now on longterm sick.
Hope this clarifies.
Thanks for your answer.

MrRedundant

So what your saying is the employer is illegally deducting from salary because they forgot to apply an AOE.
In this case it cannot be done and it is between you and the employer as to how these funds are repaid to the employer. As I understand they are liable to pay them and then chase you for the money.