Sick Pay overpayment

Fatpants

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Comms69

You can request anything you like, but ultimately, it shouldn't have been paid. HOWEVER ssp should be backdated to September, or to make it easier be deducting from the outstanding balance.


Employment tribunal for what?

sangie595

Fatpants wrote: »

Hi

Hoping someone can help with this issue.

OH had surgery on 10th September, following an accident at work. Accident happened last year.
He gave his Line Manager 6weeks notice of his surgery date and also asked whether company sick pay would be paid (this is discretionary). We wanted to know, as if not, we needed to plan financially.
OH received his full wages for the month on 25th September, payslip looked fine so we paid mortgage and bill's as normal.
Then received a letter from HR last week stating he wasn't entitled to company sick pay (no reason given, although obvious his manager does not like him and never has) and they would be claiming back as an over payment when he returns to work in November. They are also stating it will need to be paid back over 3months which is nearly 20% of his monthly salary.
OH is now receiving SSP for month of October, and this 'over payment' payback means we will struggle for the next few months (especially over Xmas period).
Whilst I understand its legal for them to claim back this money, where do we stand 'morally' and would we have a case to argue it and take them to an employment tribunal? We believed the payment was genuine and has been spent in good faith!!
If no case, can we request it is paid back over a longer term?
Many thanks for any help!

Employment tribunals don't arbitrate moral matters, only legal ones. And since the employer is acting legally, they aren't interested.

I'd say that you are fortunate they are allowing him three months to repay the amount.

What is the relevance of mentioning that this surgery resulted from an accident at work? If the accident was the employers fault, then his wages should form part of the compensation claim. If it wasn't the employers fault, then it isn't relevant.

McKneff

What did the line manager say when he was askrd. You didnt say