Issues with employer - sick pay

Mejacks5

Hello all.
I'm seeking a bit of advice. This seems a good place to ask.
So my wife has been with her employer for 6 months as a nanny. 
She had a 3 month probation period which she got through. She handed her 28 day contractual notice in 2 weeks ago.

So over the past 6 months my wife has had 8 sick days due to a debilitating skin condition which means some days she can't move her hands, they are covered in rashes. 
The employer has paid for all 8 sick days with full pay at their discretion.
Now my wife has handed her notice in, the employer has said 'oh sorry I forgot to deduct the sick days each month so I'm taking them all off your payslip this month'.
This equates to 79 hours of pay.. which is a lot of money and will mean we'll be in financial hardship.
We know the employer never 'forgot' to deduct sick days, they are doing this out of spite as she's leaving. She was never offered and SSP.
There is nothing in the contract that says anything can be taken out of final pay. It does say in the sick pay area of the contract that sick days can be paid in full at the employers discretion.
We have spoken to ACAS who advised it doesn' t sound like something they can do, and to speak to the employer about it. We did just that and they don't care, they are adamant they are keeping the money.
Can anyone offer any guidance or has anyone been in a similar situation.

KatrinaWaves

8 days in 6 months is a lot.

 I imagine the employer really liked your wife and wanted to help her out and keep her as a nanny. Now she’s decided the cut the contract short they have decided this was misplaced.

You agree 79 hours is a lot of money to you, and I imagine the employers agree it’s a lot to pay out for ‘nothing’ to an employee who has now left.

Now legally, ACAS seem to have been quite vague on it, so it wouldn’t be something I would waste time or energy or money on in court (the only way to potentially get anything if the employer says no and deducts the money) Over a longer period of employment or less sick days I would maybe take it to court but it was a very short job, with excessive sick, and a discretionary sick policy... I wouldn’t hope to win to be honest. 

Marcon

KatrinaWaves said:

Now legally, ACAS seem to have been quite vague on it, 

Not that vague. If the employer actually makes such a deduction, your wife is perfectly entitled to make a claim to an Employment Tribunal, but must first go the early conciliation route via ACAS.

KatrinaWaves

Marcon said:

KatrinaWaves said:

Now legally, ACAS seem to have been quite vague on it, 

Not that vague. If the employer actually makes such a deduction, your wife is perfectly entitled to make a claim to an Employment Tribunal, but must first go the early conciliation route via ACAS.

‘Doesn’t sound like something they can do’ is vague. 

Savvy_Sue

Mejacks5 said:

So over the past 6 months my wife has had 8 sick days due to a debilitating skin condition which means some days she can't move her hands, they are covered in rashes. 
The employer has paid for all 8 sick days with full pay at their discretion.
Now my wife has handed her notice in, the employer has said 'oh sorry I forgot to deduct the sick days each month so I'm taking them all off your payslip this month'.
This equates to 79 hours of pay.. which is a lot of money and will mean we'll be in financial hardship.
We know the employer never 'forgot' to deduct sick days, they are doing this out of spite as she's leaving. She was never offered and SSP.

Unless there were 4 or more days together, no entitlement to SSP anyway: it's not normally due for the first three days of any period of sickness (and yes I know there are exceptions to this but I am trying to KISS!)

Marcon

KatrinaWaves said:

Marcon said:

KatrinaWaves said:

Now legally, ACAS seem to have been quite vague on it, 

Not that vague. If the employer actually makes such a deduction, your wife is perfectly entitled to make a claim to an Employment Tribunal, but must first go the early conciliation route via ACAS.

‘Doesn’t sound like something they can do’ is vague. 

...and is very unlikely to be exactly what ACAS said - more likely to be OP's version of it.