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Unlawful deduction?
LeslieC
Posts: 1 Newbie
Hi
I've been absent from my fixed term job since February. I provided my employer with sick notes to cover the entire absence (either fortnightly or then on to 3-month ones). My employer paid me in full in February and March, however, for 6 weeks of this period I was off sick. I assumed that as I have submitted my sick notes in advance and on time that I was being paid appropriately. In April I began to received SSP and thought that my company sick pay had ended. Over the next 5 months I met with my line manager for "welfare" meetings but the issue of my wages or any overpayments was not raised at all. My fixed term contract ended at the beginning of November and I'd emailed to ask about the holidays I had accrued and when they would be paid to me. Out of the blue, my employers stated that they had overpaid me in February and March and that, without notice, they had elected to deduct the value of the overpayment from my accrued annual leave wage which should have been paid to me at the end of October. My employer stated that they administer sickness 1 month in arrears when the monthly sickness returns from managers are reconciled to their payroll system. They say that this meant I was paid a salary for a period when I was only entitled to statutory sick pay. They say I was not entitled to any company sick pay at all. The deduction is £1800, which leaves me owing them £100. Can someone tell me, are they allowed to deduct money from my annual leave pay? Do they need to give notice, and if so is it enough that they say on my contract "...In any case where you owe [,] any sum of money, including where an error has been made in a salary payment, [] is entitled to deduct this sum from your salary..."? Should they have given me the opportunity to pay them back in installments? I've tried to lodge a grievance but they have dismissed my complaint out of hand. Please help? I'm currently out of work, on Universal Credit, disabled by my ill health and I need some help, please
I've been absent from my fixed term job since February. I provided my employer with sick notes to cover the entire absence (either fortnightly or then on to 3-month ones). My employer paid me in full in February and March, however, for 6 weeks of this period I was off sick. I assumed that as I have submitted my sick notes in advance and on time that I was being paid appropriately. In April I began to received SSP and thought that my company sick pay had ended. Over the next 5 months I met with my line manager for "welfare" meetings but the issue of my wages or any overpayments was not raised at all. My fixed term contract ended at the beginning of November and I'd emailed to ask about the holidays I had accrued and when they would be paid to me. Out of the blue, my employers stated that they had overpaid me in February and March and that, without notice, they had elected to deduct the value of the overpayment from my accrued annual leave wage which should have been paid to me at the end of October. My employer stated that they administer sickness 1 month in arrears when the monthly sickness returns from managers are reconciled to their payroll system. They say that this meant I was paid a salary for a period when I was only entitled to statutory sick pay. They say I was not entitled to any company sick pay at all. The deduction is £1800, which leaves me owing them £100. Can someone tell me, are they allowed to deduct money from my annual leave pay? Do they need to give notice, and if so is it enough that they say on my contract "...In any case where you owe [,] any sum of money, including where an error has been made in a salary payment, [] is entitled to deduct this sum from your salary..."? Should they have given me the opportunity to pay them back in installments? I've tried to lodge a grievance but they have dismissed my complaint out of hand. Please help? I'm currently out of work, on Universal Credit, disabled by my ill health and I need some help, please
0
Comments
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What does your contract say about sick pay entitlement? I wouldn't assume anything, I'd check what I have in writing.
They are allowed to recover overpayments as per your contractual agreement.0 -
If you weren't entitled to sick pay then you have to pay them the amount they overpaid you. Why did you believe you were receiving company sick pay?0
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^^^ This^^^If you weren't entitled to sick pay then you have to pay them the amount they overpaid you. Why did you believe you were receiving company sick pay?
Sorry, but assuming you get full pay whilst off sick is not an entitlement to be paid that. If you were overpaid then yes, they were entitled to reclaim the money from your wages - and to continue to claim anything you still owe. They are not obliged to allow you installments. You need to talk to them about how you repay the money that you owe.0
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