Unknown Wages Over Payment, Taking In Full

Blatchford

Manxman_in_exile wrote: »

I've probably got this wrong (apologies if I have but my only experience is of Occ sick pay) but is the employer entitled to stop SSP to recover an overpayment? I thought they claimed SSP back so it shouldn't have any relevance to an overpayment recovery.

They can't claim SSP back (small companies once could but it was a long time ago). And yes, SSP is simply income so they can stop it. I don't think the law should allow it, but it does. It's also an anomaly which I admit I have never quite understood, because if it was wage and not income not making stoppages that take the wage below the Living Wage would apply (unless it was a final wage). But apparently the whole of SSP can be stopped because it isn't a wage but income. So our solicitors tell me.

MysteryX

I have received some what contact, My direct manager has forwarded me an email he received. Apparantly they have over paid company sick pay to me. They included that this is allowed and will be taken in full to recover the amount. It went on to tell me if I have an issue with this process then I have to contact ACAS , who will confirm this is with in the law. It was quite a snotty email.

If I want a breakdown of this I was to make contact with my Employee Relations for further information. I made the phone call to be told they couldnt disclose any information and had to speak directly to a certain person within the company. However due to data protection they couldnt provide her contact number.
I know my Direct Manager had said he was in telephone contact with this said person, so I called him up to request the number to try and sort it all out and actually receive a full explanation. He refused to give me her telephone number, he did provide an email address. An email has been sent. But this is going to be a long winded affair I can tell.

They are making it very clear that they want to make things extremely hard work for me, and whats even more frustrating is knowing its a £0.00 wage next month aswel.

Obviously they have made sure they are keeping everything legal, but I think they are handling it horrendously. No notifications of anything. Company Sick Pay is well and truly above my knowledge of what I should receive and what ever has been paid I have assumed to be correct. I have had no intentions to be deceiving and spend what knowingly is mine to spend.

I would of thought the common decent thing to do would of at least make contact with myself to at least make me aware of everything, and even offer some form of payment arrangement.

Looks like this is going to be an horrendous couple of months

Manxman_in_exile

OK - so you could have been overpaid because you (and your manager?) aren't completely sure what occupational sick pay you were entitled to.


I'm beginning to wonder if you are just being given the runaround. The cause, amount and extent of any overpayment is obviously already known because it's been identified and taken off your wages. I can't see any good reason why you can't be given that information almost immediately, if you speak to the right person. If you don't know who that person is, your manager really should - unless perhaps they are not being as helpful as they would like to appear.

MysteryX

The company sick pay is paid in full for 12 weeks. Their reasoning behind the sick pay overpayment is due to it being paid in arrears. Now again I am not clued up at all, but to me if its being paid in arrears then that surely would mean they know exactly how much to pay to match the time off i have had. It really is confusing me (To me I feel none of this is my fault and havent tried to deceive them)

I am definitely being given the run around. Apparantly there is only 1 person in the whole company that is allowed to give me all the information. But no one wants to give me her phone number to actually pysically speak to her.
My employer relations team stated they wasnt allowed to disclose her information and even said they wasnt allowed to disclose if she even worked for the company due to data protection.
My direct manager I know has been in telephone contact with this person, but refused to give me her phone number. He did provide an email address.
I have sent an email so currently awaiting some form of response.

Undervalued

Manxman_in_exile wrote: »

I've probably got this wrong (apologies if I have but my only experience is of Occ sick pay) but is the employer entitled to stop SSP to recover an overpayment? I thought they claimed SSP back so it shouldn't have any relevance to an overpayment recovery.

That has not been possible for many years. Even then it was only small companies that were able to indirectly claim SSP back.

Statutory is a bit of a misnomer really. All the state does is lay down what has to be paid by the employer!

MysteryX

Good Morning All

I have had an email response from "The Only Person" allowed to discuss it all.

Her email response was that she doesnt have any information in regards to my case and cant discuss anything as she doesnt have access to my payslips, so has no information.
She advised that someone from payroll should be in contact today.

Literally as I had sent an email reply, I received a phone call from the payroll department.
The lady informed that it is definitely being looked into, "The Only Person" dealing with it, is in the process of liasing with the head of payroll and she will be in contact soon. I have been requested to remain patient and not to contact anyone until they contact me.

This has left me very concerned, as to start with the person in question has already stated in the email, she has no information about it all and doesnt have the authority to access my records.

Is this simply a ploy to get me to go away and shut up about it all?

Many Thanks

Blatchford

MysteryX wrote: »

Good Morning All

I have had an email response from "The Only Person" allowed to discuss it all.

Her email response was that she doesnt have any information in regards to my case and cant discuss anything as she doesnt have access to my payslips, so has no information.
She advised that someone from payroll should be in contact today.

Literally as I had sent an email reply, I received a phone call from the payroll department.
The lady informed that it is definitely being looked into, "The Only Person" dealing with it, is in the process of liasing with the head of payroll and she will be in contact soon. I have been requested to remain patient and not to contact anyone until they contact me.

This has left me very concerned, as to start with the person in question has already stated in the email, she has no information about it all and doesnt have the authority to access my records.

Is this simply a ploy to get me to go away and shut up about it all?

Many Thanks

I honestly think you need to do what we have already told you to do - seek advice from the solicitor. Whether or not your have been overpaid, this is all a result of the accident for which the employer has agreed liability. Doing work is what they are going to claim payment for!

Manxman_in_exile

If they have already started to recover the overpayment, somebody, somewhere (in payroll) must have initiated that recovery and must, therefore, have a breakdown of the overpayment. I can see no valid reason for not being able to provide this to you on demand. It looks suspiciously to me that they are just messing you about (possibly because of the accident you are suing them about).


But what do you do about it? I think I would persist trying to get the information about the overpayment through your employer. As I've said, they couldn't start to recover it without knowing how it was broken down and why it occurred. But they've told you not to contact them before they contact you(!). You could make the relationship with your employer worse by doing so, but it sounds pretty bad already.


Of course, it could be payroll's fault and not the fault of your employer. But that doesn't excuse your employer not having robust and efficient processes to deal with pay queries.


You could try asking the solicitor who's dealing with the accident claim for advice, but I get the impression they've suggested you remain patient and you'll eventually get your cash. Do they realise that you have absolutely no income at the moment? (It could take months for the accident claim to be sorted).


If you do ask your solicitor for advice or help, make sure you understand what basis they are doing that on. Will it simply be treated as part of the accident claim, or will they be dealing with it separately and be charging a separate fee? Make sure you know.


Apart from that, I really don't know. Horrible situation. Good luck!


EDIT: The only possible justification for not being able to provide details of the overpayment could be that payroll is automated to such an extent that (somehow) it can detect and rectify errors without human intervention. I'm no payroll expert but that sounds like sci-fi to me.

Cucela

Hi,
Very similar situation happened to me. The same circumstances- the Payroll is outsourced, they have one Payroll advisor and one else is able to provide any help or support if she is away on leave or sick. Same way the sick pay is paid in arrears.
So I was sick through October when my pay changes from full OSP to half SSP. In Octobers pay I was paid in full. Then in November my pay was reduced in half and because the overpayment happened they deducted the other half for October so I received Zero.
I was not able to get anywhere in terms of getting this rectified and had to borrow money from same day lender in order to pay rent, buy food. So frustrating.

MrsBrooks13

Regarding the accident, have you applied for Industrial Injuries Disablement Benefit.? Have a look for this DWP ‘no fault’ benefit online and see if you think you may be eligible. Sorry but as a relatively new forum member it won’t allow me to post URL’s ☹️