Pay deduction - Sick?

miriam_d

Hi,

I currently work for acharity. I am writing to request some advice and guidance relating to adeduction of pay under the heading of “Sick” on my pay-slip for August. startedthis job on the 9th of January 2009. On a form which requested informationprior to my starting the job I was asked a question relating to health and thepurpose of my last doctor’s visit. I stated in response that I had migrainesand gave my assurance that I only took leave when absolutely necessary and thatin one of my prior jobs I had taken approximately 5 days off due to migraine inone year.

My condition (Chronic Migraine which has been diagnosed by both a generalneurologist and a specialist Migraine Consultant neurologist) has worsenedsince the beginning of the year. I have striven to ensure that I have worked asmuch as possible. However at times my migraines have been very severe anddebilitating. This has resulted in some absence of around 20 days in total upuntil the present time.

In August I was suffering from severe migraines and associated fatigue,insomnia and vertigo. This resulted in having to take seven days off work dueto the severity of the condition. I informed the deputy director who is alsoresponsible for HR, that I would not be able to make it into work and kept himinformed at regular intervals throughout this period. I sought medical adviceand in an appointment with my GP was signed off sick for this period of time andadvised against working and to rest at home.

Following this absence I was due to go on a two week pre-booked holiday leave.I took this leave and continued to be ill. On my return today I was given mypay-slips for July and August. It seems they forgot to give me my July one.When I checked my August pay-slip I was astonished to find that under theDeductions heading there was a note saying “Sick £500”. At no point was Iinformed in any manner of this deduction. This is a considerable sum and at nopoint so far has there been any explanation of any kind. The dates and how thiswas worked out have not been noted in any manner.

As I’m sure you can understand I am somewhat surprised and taken aback by thismeasure. This is the first instance of its kind and at no point has this beenmentioned as a possibility or actioned in relation to other periods of absence.I have checked the contract which states the following with regard to sicknesspay and leave. I believe, according to the DirectGov website that “Beforemaking any deductions, your employer must tell you in writing the full amountyou owe and make a demand for the payment. This must also be in writing.” At nopoint has this happened nor has any mention been made verbally or otherwise.
The section below is from my contract...
“Illness, Injury and any other Absences
9.1) In respect of any absence due to sickness or injury or unauthorisedabsence the Employee must inform the personnel secretary or office coordinatoras soon as possible on the first morning of absence.
9.2) An unauthorised absence is any absence other than :
a) absence due to sickness notified in accordance with section 9.1
b) agreed holiday/statutory holiday
c) statutory maternity/paternity leave
d) any other absence authorised by law (for example jury service)
e) any other absence authorised by or agreed with the company
9.3) Regardless of how long the Employee has been off work, when he returns hemust complete a Company Self Certification form, for up to the first seven daysof absence (including weekends, non-working days and holiday), and give it tothe Personnel secretary or office coordinator. The employee may be specificallyrequested to obtain a doctor’s certificate and must accord with this request.
9.4) If the employee is off for more than 7 days, he must obtain a Doctor’s certificateto cover the full period of absence,
9.5) There is no contractual entitlement to sick pay. The company may howeverin its absolute discretion make such payments of sic pay as it deemsappropriate.
9.6) Subject to complying fully with the above requirements the Employee willbe paid Statutory Sick Pay in accordance with current legislation, if he isentitled to it.
There are two further clauses which cover absence due to sickness or injuryarising out of any actionable negligence, nuisance etc, as well as the companyreserving the right during a period of absence due to illness or injury torequire the Employee to be examined by an independent medical practitioner.”

As I understand it I would be covered by the Equality Act 2010 as due to mycondition I am deemed disabled due to its high level of impact on my life. Inan appointment with a Migraine Specialist yesterday (3rd September) he saidthat I was disabled due to the condition. Could this have any impact on mysituation? Where would I stand on attempting to reclaim this money? Would it bepossible to claim for Statutory Sick pay and if so how do I do this? I would be grateful for advice on this matter and the legality of the deductionand the way in which it was carried out and the way the situation has beenhandled. I would like to know where I stand beforeapproaching the deputy director and discussing this matter.
To cap it all off I was informed only hours after this discovery that I was being made redundant. This, in a sense, adds even more urgency to sorting this out.
All help and useful advice gratefully received. M

pickpocketlocket

Lots of irrelevant information in your post. It would be simpler if you gave us the dates/ length of your absence, and what salary (if any) you received? Is the issue that you have not received SSP, or were you expecting more?

marybelle01

It's kind of obvious, but have you asked the employer what the deuction is for. It appears that they only pay SSP, so there may have been an overpayment if the payroll had already been done on a previous pay period. But the best anybody here could do is help to work out what you should have been paid - not tell you why the employer has made the deduction. If they have overpaid you for a period of sickness, they can recover that money without your agreement.

miriam_d

I was absent, with a signed off note from the GP, from the 9th to 17th of August which is 7 working days. At no point was I informed that pay would be deducted for time off. At no point since have I been informed about why it was taken off or how it was worked out. I received a payslip on Tuesday morning. Under the deductions heading (where student loan and other stuff can be taken out) it simply said "Sick £500". There is no mention of Statutory Sick Payment either.

pickpocketlocket

miriam_d wrote: »

I was absent, with a signed off note from the GP, from the 9th to 17th of August which is 7 working days. At no point was I informed that pay would be deducted for time off. At no point since have I been informed about why it was taken off or how it was worked out. I received a payslip on Tuesday morning. Under the deductions heading (where student loan and other stuff can be taken out) it simply said "Sick £500". There is no mention of Statutory Sick Payment either.

Were you off in July? Did you receive anything in August, and were you paid correctly in July?

Have you asked your payroll person about this?

You do not need to be told that you are only receiving SSP for your leave - your contract already tells you this.

miriam_d

I was off for a few days in July, again covered with a doctor's note. I was paid correctly in July.

I haven't yet spoken to anyone at work about this as I wanted to know where I stand first.

pickpocketlocket

miriam_d wrote: »

I was off for a few days in July, again covered with a doctor's note. I was paid correctly in July.

I haven't yet spoken to anyone at work about this as I wanted to know where I stand first.

If your July pay was "correct", then assuming you were only entitled to SSP it sounds like you were actually overpaid, hence the large deduction in August.

miriam_d

It doesn't say its overpay though. And it isn't assuming SSP for July. Plus what about the direct gov thing which says on the DirectGov website that “Beforemaking any deductions, your employer must tell you in writing the full amountyou owe and make a demand for the payment. This must also be in writing.” At no point has this happened nor has any mention been made verbally or otherwise.

pickpocketlocket

For goodness sake, just ask the payroll person for a breakdown! No one can advise on half a story.

miriam_d

As I'm sure you can understand I want to know where I stand before tackling anything.

pickpocketlocket

miriam_d wrote: »

As I'm sure you can understand I want to know where I stand before tackling anything.

Then you need to be more clear in your information, as at the moment you make little sense.

Speak to payroll and ask for a breakdown of the deduction. Then if you still do not understand come back and post the full information you were given. You do not need to tackle anything - just get the information.