Not paid SSP - advice for legal route

Makkusu

Hi all,

I've been off work due to workplace stress and resigned from my position earlier this year in a respectful manner. I was signed off for the last month of my notice period due to health issues and held a relatively senior position at my company.

I've spoken to advisers who believe there could be a case of harassment and cause of stress but I just wanted to leave the company due to how bad my health got and forget about it all.

They have now not paid me any SSP for the whole of the month. I owe them £1,000 in study allowance which I was happy to pay, our arrange payment terms, however, the failed to negotiate with me and instead reduced my SSP to nil. I have a mortgage and bills to pay etc. now zero income for the month.

Am I correct in understanding that SSP has to be paid as a legal minimum (I do qualify for the entitlement). Yes the study budget can be recovered at their discretion per my contract but government websites say "You can’t get less than the statutory amount". Contractual terms should not override statue law right?

I have decided to seek further advice to take them legal route because my mental health is improving and have decided it's time to stop getting bullied about.

Any advice or insight on the matter would be appreciated.

Many thanks.

paddedjohn

How long did they pay you sick pay for before it stopped?

Makkusu

I've had around 4 weeks in total prior to this (at most), I've checked all other criteria and I qualify, they have even said I do but they've reduced it by what I owe them without my permission.

Undervalued

Makkusu wrote: »

Hi all,

I've been off work due to workplace stress and resigned from my position earlier this year in a respectful manner. I was signed off for the last month of my notice period due to health issues and held a relatively senior position at my company.

I've spoken to advisers who believe there could be a case of harassment and cause of stress but I just wanted to leave the company due to how bad my health got and forget about it all.

They have now not paid me any SSP for the whole of the month. I owe them £1,000 in study allowance which I was happy to pay, our arrange payment terms, however, the failed to negotiate with me and instead reduced my SSP to nil. I have a mortgage and bills to pay etc. now zero income for the month.

Am I correct in understanding that SSP has to be paid as a legal minimum (I do qualify for the entitlement). Yes the study budget can be recovered at their discretion per my contract but government websites say "You can’t get less than the statutory amount". Contractual terms should not override statue law right?

I have decided to seek further advice to take them legal route because my mental health is improving and have decided it's time to stop getting bullied about.

Any advice or insight on the matter would be appreciated.

Many thanks.

Which they are quite entitled to do!

If you owe them the money and no extended terms are specified in your contract then they allowed to stop the whole amount from your final pay. The do no have to agree payment terms with you now.

Obviously if they have deducted more than you owe or if you have a valid argument that you don't owe anything then that is another matter.

Successful claims personal injury as a result of workplace stress are very few and far between. So unless the circumstances are quite exceptional and you have strong legal advice that you have a worthwhile claim I wouldn't even go there.

Generally it is best to move on.

Undervalued

Makkusu wrote: »

I've had around 4 weeks in total prior to this (at most), I've checked all other criteria and I qualify, they have even said I do but they've reduced it by what I owe them without my permission.

As I explained in my previous post they don't need your permission.

Makkusu

Undervalued wrote: »

Which they are quite entitled to do!

If you owe them the money and no extended terms are specified in your contract then they allowed to stop the whole amount from your final pay. The do no have to agree payment terms with you now.

Obviously if they have deducted more than you owe or if you have a valid argument that you don't owe anything then that is another matter.

Successful claims personal injury as a result of workplace stress are very few and far between. So unless the circumstances are quite exceptional and you have strong legal advice that you have a worthwhile claim I wouldn't even go there.

Generally it is best to move on.

Thanks for the advice, much appreciated.

That's an awful shame, do they not have to make this clear as my email trails are very deceitful (they have stated I will be paid SSP minimum then last minute reduced it).

What if I am able to prove the company policy is to provide each leaving an employee terms of repayment - I was a manager and this was carried out for all employees apart from myself.

Thanks.

EDIT: I also have an email from HR stating I will receive SSP and that they will be in contact with me to arrange payment terms for the study allowance.

sangie595

Makkusu wrote: »

Thanks for the advice, much appreciated.

That's an awful shame, do they not have to make this clear as my email trails are very deceitful (they have stated I will be paid SSP minimum then last minute reduced it).

What if I am able to prove the company policy is to provide each leaving an employee terms of repayment - I was a manager and this was carried out for all employees apart from myself.

Thanks.

EDIT: I also have an email from HR stating I will receive SSP and that they will be in contact with me to arrange payment terms for the study allowance.

Doesn't matter. They did pay SSP. They simply recovered what you owe them from the final salary, and presumably you still owe them more so you need to settle terms with them. The fact it was an SSP payment doesn't give it any protection.

What they did for someone else doesn't matter. This is what they have done for you. And they are giving you repayment terms - for what they haven't yet had back.

Makkusu

Could anyone kindly link me to evidence that you're allowed to deduct wages to equal less than SSP - all legal and governmental websites do not appear to state such a scenario.

Undervalued

Makkusu wrote: »

Thanks for the advice, much appreciated.

That's an awful shame, do they not have to make this clear as my email trails are very deceitful (they have stated I will be paid SSP minimum then last minute reduced it).

What if I am able to prove the company policy is to provide each leaving an employee terms of repayment - I was a manager and this was carried out for all employees apart from myself.

Thanks.

EDIT: I also have an email from HR stating I will receive SSP and that they will be in contact with me to arrange payment terms for the study allowance.

OK, that helps slightly but the bottom is they have the money and there seems to be no dispute that you owe it!

So all that is in question is over what period these "terms" would extend. £500 a month for two months would be "terms" although maybe not a favourable as you would like! Do you really want to take them to court over a few months interest on a thousand quid?

Makkusu

sangie595 wrote: »

Doesn't matter. They did pay SSP. They simply recovered what you owe them from the final salary, and presumably you still owe them more so you need to settle terms with them. The fact it was an SSP payment doesn't give it any protection.

What they did for someone else doesn't matter. This is what they have done for you. And they are giving you repayment terms - for what they haven't yet had back.

Thanks. Understood, I'll seek some advice from Citizens Advice for my own sanity then leave it at that.

Unfortunately I could not - nor was I requested to - contact my employer due to being ill and in hospital. It's such a sorry state of affairs when you've looked after a company for many years to be carelessly treated at the very end.

Undervalued

Makkusu wrote: »

Could anyone kindly link me to evidence that you're allowed to deduct wages to equal less than SSP - all legal and governmental websites do not appear to state such a scenario.

In general terms an employer cannot make deductions without your consent that would take your pay below the national minimum wage. However even that doesn't apply to your final pay when leaving.

As Sangie says, they have paid you SSP then offset it against a valid debt which they are quite entitled to do.

Even if they weren't, they have done it and there is no useful remedy!