Quick question re sick pay

Caroline_a

Can the legal eagles help please? A friend of mine has just resigned from her job, all amicable, no issues. She's been there for around 12 months, but in May of this year was rushed to hospital where she had to undergo an emergency op. She was off around a month, and they paid her in full, and have done so since, but are now trying to take that money back. Can they do that?

InsideInsurance

As they have paid above the statutory sick pay it will come down to the contractual terms. She needs to read the section on sick pay to advise.

Intoodeep

Caroline_a wrote: »

Can the legal eagles help please? A friend of mine has just resigned from her job, all amicable, no issues. She's been there for around 12 months, but in May of this year was rushed to hospital where she had to undergo an emergency op. She was off around a month, and they paid her in full, and have done so since, but are now trying to take that money back. Can they do that?

All amicable and no issues........really ?

Looks like they were treating your friend rather well and paid her fully whilst off sick, and then she resigns her position, its no wonder they are trying to reclaim the 'non ssp' payments........IMHO

McKneff

Tell her to read her contract.

Only there will she get the answer.

KiKi

If she was entitled to contractual sick pay on full pay for a month, they can't just reclaim it; that would be a breach of contract.

The question is: was she paid normally but in error (ie, should have had SSP or contractual sick pay which was less than full pay); was she paid contractual sick pay but in error (because she didn't qualify for it); or was she contractually entitled to it, but they just want it back?

She needs to read her contract and find out what she was contractually entitled to. If she was entitled to what they paid her, then no, they can't ask for it back. If they made an error and paid her more that what she was entitled to, then yes they can.

HTH
KiKi

miss_duke

I know that contractual maternity pay can be reclaimed if the employee does not return for a specified period of time, but I have never heard of the same with sickpay. It would need to say in the contract for them to do this I would assume.

I know with my contractual mat pay, I had to sign a specific form to confirm I understood I would be liable to repay the money that was over and above stat mat pay should I not return for a minimum of a month.

miss_duke

Googlewhacker wrote: »

It can only be taken back IF it is in the contract for contractual maternity that they have to work a certain period of time. However if someone gets paid more than SSP and the contract doesn't state anything more than SSP then it will most likely be deemed an error and the company would be entitled to claim it back.

Yes thats why I said 'specified period of time', meaning the company can specify any period, or none. I also said to refer to the contract. Meaning all contracts are different, sorry if my wording was not clear.

Caroline_a

She's not been on maternity, she's leaving to start her own (totally unrelated) business, and even the CEO called her in to say we wish you weren't going, but keep us informed as to how it goes, and we wish you all the best. I'm not sure what her contract says, but surely if they had paid her incorrectly at the end of May they would have corrected in June or July?

SarEl

They have six years to correct it if they made a mistake, The others are right - the contract is what matters.

Caroline_a

Thanks SarEl.... that was what I wanted to know really - I recognise that her contract is the important document but I have a feeling that they paid her as a thanks for all your hard work, but now that she's leaving have changed their mind.

Uncertain

Caroline_a wrote: »

but now that she's leaving have changed their mind.

That they can't really do but the problem may be proving that is what is happening.

As others have said, check the contract carefully.

It may be that there is a hard and fast entitlement to X months sick pay (obviously subject to certain conditions regarding sick notes, company doctor's etc). If so that is the end of the matter in your friend's favour.

Probably more likely it will say something to the effect that sick pay MAY be paid for up to X months at the discretion of the management. That would have given them the right not to pay it but it does not give them the right to ask for it back later having changed their minds. Almost certainly, from what you say, this is what they are trying to do.

As other have said if they made a genuine administrative mistake then they are entitled to recover and overpayment so you friend needs to concentrate of finding any evidence she can that this is not the case.

My GUESS is that this is a try on and if your friend digs her heels in they will give up but who knows.