Pay deduction - Sick?

justanopinion

You need to ask therm. However, bear in mind they have not actually made a deduction. You have not worked it, so you are no entitled to it.

I cannot answer whether the amount of SSP is correct or not, but £500 is too round a figure for it to be accurate without some some sort of Company top up.

And you've been there 2 months and you're mentioning your rights? It's adequate adjustments under the DDA. They need someone to perform the role and whilst this may sound harsh, you are not doing this. Why should you be paid the full rate when you have not been there?

Speak to them.

System

Am I correct in assuming that you were off sick for a week, then took 2 weeks holiday followed by a further week sick?

If so then the employer will probably see that as 4 weeks sick and are looking to recoup the 2 weeks pay.

miriam_d

To justanopinion - I have been there more than two months, not sure where that was picked up from! As for DDA that doesn't exist anymore, there is the 2010 Equality Act.

To !!!!!! - No I think you've slightly misunderstood. I was off sick for a week or so then was on holiday, which had been booked months in advance, then I returned to work.

marybelle01

For each separate period of SSP you get nothing at all for the first three days - or nothing for the first three days of a linked period of sickness (which we don't know whether your days off qualify as a linked period or not). So if you had time off in JULY and got paid "the right amount" then you were definitely overpaid because your contractual right is to SSP only!

Adjustments to pay do not have to notified in writing if they are a result of an overpayment of salary - the employer can just make the adjustment. If what you have read doesn't say this then it is missing information out. The employer can make a deduction for overpayments of wages.

justanopinion

My apologies, OP, it was because it's been happening for a couple of months that I got it mixed. And yes, the EA, though the provisions are the same.

As £500 is a round amount it does seem like a very generic number. Some sort of manual adjustment would have been done to get to that amount.

I would scan both payslips to your manager and/or payroll and ask them to explain how they have arrived at the figures they did. Don't mention rights or anything as yet, just give them a chance to explain. It may have been an honest mistake at this point. Best of luck.

miriam_d

To justanopinion,

Thanks for your help. £500 does seem rather generic doesn't it?

I have been asked to attend a meeting tomorrow morning regarding the redundancy. Do you think it is a good idea to bring this up then or separately? I was thinking that I might take you up on your suggestion of emailing them and asking them how they came up with the figures they did and leaving it at that for now, but doing that before tomorrow's meeting? I think that it might be good to keep this issue unconnected from the redundancy.

justanopinion

I would put in writing to them at this point that you are querying the amount and the figures and could they please provide a breakdown. That way, you have it in writing that you're querying.

Re: The redundancy meeting. In the invite have they suggested what type of redundancy it is? Will either be something along the lines of cessation of role, or diminished workload/selection criteria. I'm not suggesting there is anything untoward as yet, but instead of going through the capability process, it is not unknown for employers to want to speed up the process if they have genuine concerns about absence.

I may just be putting ideas into our head though, so apologies, but it is classic timing...

miriam_d

It is rather strange timing in many ways. It is very careful, as they were in the meeting, not to mention anything about my illness and time off. So far, as far as I know, only one other person has been made redundant. This happened while I was on holiday. Am I entitled to/is it a good idea to ask if other redundancies are being made? As far as I can see they surely must be necessary as a shortfall of several hundred thousand pounds was mentioned. Two salaries worth is not going to make much difference to that! At the same time though they have other jobs, though not in my department, advertised on the website. They also used the line of "last one in, first one out", which is true in my dept but not the organisation. On Tuesday they were even holding interviews! All seems a bit odd but how would I prove anything?

The letter says
"I refer to our consultation meeting today where I told you that the organisation anticipates having to make redundancies in the near future. I am regretfulyl writing to confirm that it is likely that your position is at risk and you should regard the receipt of this letter as forewarning of that potential redundancy.

As part of the consultation process I have made arrangements to hold a meeting with you with a view to discussing alternatives whereby your emplyoment could be protected. I would also ask you to personally consider and put forward alternative proposals and suggestions at our consultation meeting which you feel are relevant to the aim of avoiding redundancy.

On a personal note may I say how sorry I am that this situationi has arisen and wish to assure you that this is no reflection upon your ability or commitment to the organisation. It merely reflects the difficulties we are experiencing relating to our income."

heretolearn_2

Hi

It's not an illegal deduction if it properly worked out for the difference in your normal pay and what you are entitled to under SSP. Employers don't have to go to the employee everytime they want to make a statutory payment instead of salaries. The deductions information you were reading relates to situations like if you'd broken your PC and the employer decided to suddenly deduct the replacement cost from your salary.

SSP should be shown as a separate item on your payslip. If you were off work for 5 days, then the employer would deduct 5 day's salary as sickness absence. Then pay you 2 days SSP (first 3 days are not paid).

£500 is a suspiciously round figure. You need to speak to your payroll department for a full explanation and also for a copy of your July payslip.

Redundancy
There's nothing to stop an employer making some posts redundant, while taking on people for other posts. Not everyone is transferrable. However, they are obliged to try and find you alternative employment with them so if you would be suitable for one of those vacant posts, ask about it!
I get the feeling you believe the redundancy is an excuse to get rid of you because of your sickness record. It's possible, but extremely difficult to prove unless someone there is stupid enough to admit it. However as there is a 2nd redundancy happening in your department, perhaps that isn't really the case?