Employer wants me to repay him the ssp he's paid me

starling2007

Hi all,
I'm really hoping someone can help me. Bit of a long story but here goes.
I have been on the sick since 6th April and was receiving SSP off my employer. Last Friday I went to collect my sickpay but was told by my employer that legally he shouldn't of been paying me as I only work 16hrs. Even though in past years they have paid me SSP. So now he wants me to pay back 14 wks SSP totaling over £1100.
I asked why he hadn't informed me earlier and was told he had only just been told by his accountant. He also said I would have to get an SSP1 form which he would fill in.
I've contacted the Benefit office and I'm in process of applying for ESA.
Now my question is I'm I able to get my benefit back dated from when I first went sick, so I can pay my employer back what I owe him?
If I can't it means that I have to find the money and techinally I would of received nothing for the first 14 weeks.
I explained all this to the Benefit office on the phone but as it is a new claim she couldn't help me. ACAS weren't much help either, it was a case of tough and you'll have to pay it back. Have tried all day to speak to CAB but lines are busy. Waited all day for help from my union but they haven't returned my calls since Friday.
Hoping someone can advise the of this matter as its left me in tears and just not knowing were to turn. Many Thanks

InsideInsurance

Being part time in itself doesnt mean you don't receive SSP, you need to meet the criteria the same as everyone else (see http://www.hmrc.gov.uk/paye/employees/statutory-pay/ssp-overview.htm )

If you don't meet the criteria then the employer has unfortunately accidently paid you to something you aren't entitled to and so they would be in their rights to recover that money. Give it was their mistake however and not yours they should be reasonable about the repayment of it (as long as you are too) as its in no ones interest to inflame the situation.

I cannot help on if benefits can be back dated or not

LadyMissA

these are the only two reasons why you wouldnt get it

• Their earnings must be at least as much as the Lower Earnings Limit for National Insurance contributions (NICs). This is £102 a week for 2011-12.
• They can't have already received the maximum amount of SSP for the PIW - or for a series of linked PIWs (28 weeks)

So I am guessing you normally earn less than £102 a week?

starling2007

Yes I earn less than £102 aweek.
I am now waiting for the employer to give me the SSP1 form, but know from experience that this could take weeks (still waiting for wageslips from May!). My worry is once I go back to work how I'm I going to pay him. Just feels so unfair that through his mistake I have to pay.

Thank you both for replying so soon

Hammyman

I doubt he'll want the money all at once.

Savvy_Sue

Hammyman wrote: »

I doubt he'll want the money all at once.

Even if he WANTS it all at once, it wouldn't be 'reasonable' to have it all at once, would it?

No idea if the OP can claim back to the start of this sickness. If not, I'd be in serious negotiations with the employer about the fairness of being required to repay given that it was their mistake and you had no reason to believe you weren't entitled to SSP (having had it in the past - still earning under the Lower Earnings Limit, I assume?)

If you're in a union, speak to them. Otherwise see if you can get an appointment at CAB.

LadyMissA

starling2007 wrote: »

Yes I earn less than £102 aweek.
I am now waiting for the employer to give me the SSP1 form, but know from experience that this could take weeks (still waiting for wageslips from May!). My worry is once I go back to work how I'm I going to pay him. Just feels so unfair that through his mistake I have to pay.

Thank you both for replying so soon

they can not stop any money from your salary unless you agree and if you say its over £1000? What an indiot company for not knowing they were meant to pay it to you. It's not your fault and how would you know you weren't meant to get it, they are your employers and they have a payroll dept so it's their fault not yours. There is no way if you get less than £102 a week that you could pay anything more than £5 a week.

I would seek advise however maybe call your tax office and ask for advise?

SarEl

LadyMissA wrote: »

they can not stop any money from your salary unless you agree

Yes, actually, they can. Payroll errors are one of the lawful deductions stipulated in legislation, so your agreement to deductions from salary is not required.

kazwookie

SarEl wrote: »

Yes, actually, they can. Payroll errors are one of the lawful deductions stipulated in legislation, so your agreement to deductions from salary is not required.

Can you show a link to where it legally says this please? Thank you

MrsManda

kazwookie wrote: »

Can you show a link to where it legally says this please? Thank you

SarEl may be able to provide a link to the precise legislation but the basics about deductions can be found on the direct.gov.uk website:
http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_175878

Your employer is not allowed to make a deduction from your pay or wages unless:

• it is required or allowed by law, for example National Insurance, income tax or student loan repayments
• you agree in writing to a deduction
• your contract of employment says they can
• it is a result of any statutory disciplinary proceedings
• there is a statutory payment due to a public authority
• you have not worked due to taking part in a strike or industrial action
• it is to recover an earlier overpayment of wages or expenses
  
• it is a result of a court order or Employment Tribunal decision

A deduction must not reduce your pay below the National Minimum Wage rate (except a limited amount for accommodation). This applies even if you have given your permission for it.

starling2007

Thanks for everyones replies. I'm going to try go get help from the CAB today or at least get an appointment with them.