Possible sick pay mistake by work

missty25 · 13 December 2012 at 1:30PM

Hello,

My OH was off last week 3 days sick. So worked 2 days and also completed overtime for Saturday and Sunday.

He has been paid for his normal 49 hours plus 16 overtime. Now previously when he has been off sick for less than 4 days he has not been paid SSP but on another occasion he was off for a full week and received full pay although this wa due to an accident at work.

His contract is SSP paid after period of 4 days or more, so on this occasion he has been paid full pay. I just want to know where we stand, can his work take back the 3 days normal wages from him? Don't need this hassle so close to Christmas wondering g if they can deduct it from his wages due next week without his consent or would he have to agree for them to do this?

Thanks for any advice.

somethingcorporate · 13 December 2012 at 1:34PM

If he was not due the pay (and was overpaid) then of course work can take the money back. For such a small amount I would expect them to tell him first before taking it back in one go.

Had they underpaid him do you not think he would be entitled to what he had actually earned? no difference in this situation.

missty25 · 13 December 2012 at 1:51PM

Thanks, just wondered due to previous discrepancies in their own policy i.e. the time he was payed for a full week off due to accident at work although I suspect this was to deter him from claiming for loss of earnings due to their negligence.

somethingcorporate · 13 December 2012 at 1:59PM

missty25 wrote: »

Thanks, just wondered due to previous discrepancies in their own policy i.e. the time he was payed for a full week off due to accident at work although I suspect this was to deter him from claiming for loss of earnings due to their negligence.

Possibly, worth talking to HR and get clarity that he was indeed overpaid.

CAB_Malvern_Hills_representative · 13 December 2012 at 5:52PM

missty25 wrote: »

Hello,

My OH was off last week 3 days sick. So worked 2 days and also completed overtime for Saturday and Sunday.

He has been paid for his normal 49 hours plus 16 overtime. Now previously when he has been off sick for less than 4 days he has not been paid SSP but on another occasion he was off for a full week and received full pay although this wa due to an accident at work.

His contract is SSP paid after period of 4 days or more, so on this occasion he has been paid full pay. I just want to know where we stand, can his work take back the 3 days normal wages from him? Don't need this hassle so close to Christmas wondering g if they can deduct it from his wages due next week without his consent or would he have to agree for them to do this?

Thanks for any advice.

Hi

What the law says about this situation as as follows : if there has been an overpayment of wages then in most cases the employer is entiled to recover it and the employee is not protected by the normal rules which protect employees from their employer's making unauthorised deductions of wages from their pay packets.

zzzLazyDaisy · 14 December 2012 at 12:50AM

Just a thought - if your OH has had a recent period of sick leave, which ended less than 8 weeks before this sick leave started, this would be a 'linked' period of sickness. What this means is, provided he served the three waiting days in the first period of sick leave, there is no 'waiting period' in the second linked period, so SSP becomes payable immediately.

nomoneytoday · 14 December 2012 at 10:26AM

Are the weekend hours overtime if he didn't work the 3 earlier days?

missty25 · 14 December 2012 at 10:53AM

Thanks for the replies, yep the weekend hours are 16 overtime.

Possible sick pay mistake by work

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