Sickness Payslips whilst on ESA

Ineedaname

Hi all

I'm trying to help a disabled lady who I PA for. She has had a nightmare from her work since going off sick. Incorrect payslips, payments being made erroneously, missing payslips and a payment being made, payslips for a payment that was never made etc. etc.

She's been on ESA since April 2014 and a lot of these errors have occured since then.

My question is, having issued an SSP1 should her employers have continued to produce payslips for her with Basic Pay and Sick Adjust listed? She has actually not been sent a payslip since August 2014.

Her payroll have actually stated:
[FONT=&quot]"...in December 2014 XXX received a normal basic pay for December this relates to hours from 1st December to 31st December with a sickness adjustment the sickness adjustment is for the sickness hours from November, as XXX never worked any of December these hours would be recouped in January, the sickness hours for December have been recouped from the final payment[/FONT]."

This just doesn't seem right to me and that they should have sorted it all out at the time the SSP1 was produced. Instead of a final pay of nearly £1,500 she is to received just under £200.

Edit: She's also received a P45 stating nearly £4k in the total pay to date box. Obviously this is due to the erroneous payments and incorrect, especially as they are recouping earlier payments and writing one off from December. Luckily Total tax to date box is zero and she was on Contribution Based ESA so it won't affect her tax position, but grrrrrrrr.

Any help would be gratefully received.

Ineedaname

Anyone have a clue on this please?

[Deleted User]

Ineedaname wrote: »

She's been on ESA since April 2014 and a lot of these errors have occured since then.

My question is, having issued an SSP1 should her employers have continued to produce payslips for her with Basic Pay and Sick Adjust listed? She has actually not been sent a payslip since August 2014.

If they issued a SSP1 and no further occupational sick pay was due then no they should not be issuing nil payslips

[Deleted User]

Ineedaname wrote: »

Her payroll have actually stated:
[FONT=&quot]"...in December 2014 XXX received a normal basic pay for December this relates to hours from 1st December to 31st December with a sickness adjustment the sickness adjustment is for the sickness hours from November, as XXX never worked any of December these hours would be recouped in January, the sickness hours for December have been recouped from the final payment[/FONT]."

This just doesn't seem right to me and that they should have sorted it all out at the time the SSP1 was produced. Instead of a final pay of nearly £1,500 she is to received just under £200.

Edit: She's also received a P45 stating nearly £4k in the total pay to date box. Obviously this is due to the erroneous payments and incorrect, especially as they are recouping earlier payments and writing one off from December. Luckily Total tax to date box is zero and she was on Contribution Based ESA so it won't affect her tax position, but grrrrrrrr.

Any help would be gratefully received.

Not really sure what has happened here?


Did she receive a payment in Dec?


Was she due any payment in Dec?


What was this payment for? i.e has she now left the company?

Ineedaname

She received SSP1 in April and applied for ESA. Was put on Support Group.

Continued receiving payslips for a few months, with errors and some payments that she shouldn't have received.

She received NO payslip or money in December and wasn't due any.

Is now being let go on ill health grounds. Due money for one week per year of employment (11 years), less the erroneous payments made in 2015.

Now they are taking money off a payslip she never received and wasn't due...

Ineedaname

OK, I spoke to ACAS this afternoon. They said she should either have received Nil payslips or none at all which is what I thought and was commented above.

Also that they couldn't make deductions from her holiday pay which means she should still have received around £1,300.

Next step is to find some free legal advice regarding how things have panned out with her payslips and money received since the SSP1 was issued.