Can my Employer not pay me SSP? - Help Urgently needed

[SkintGirl66]

Hi All,

 

I have the misfortune to work for xxx.

 

I am long term sick at the moment with no return date.

 

I have been regularly sending in sick notes.

 

When I first becamae ill xxx said I was not entitled to SSP as I had not been employed with long enough (I joined end of June 2009).

 

I asked for clarification that they meant SSP not Company Sick Pay and they did confirm that yes I was not entitled to SSP.

 

After a lot of wrangling CAB rang then, my careworker/nurse rang them.

They eventually back tracked...But didn't pay me any money for a whole month and then said I actually owed them £145.00 which they deducted from next months money.

 

The following Month October they me paid full pay....

 

Now this month I have had no money.

 

I have rung them today 13th November 2009 and they have told me they over paid me last month so that means no money this month.

 

Can they actually withhold SSP from me?? Isn't illegal to withhold a benefit?

 

Please help me I am desperate.

 

Thanks for reading.

Edited November 17, 2009 by cerberusalert
name removed

[reallymadwoman]

I would ask CAB or your careworker to intervene again.

[elche]

Hi Skintgirl

 

If you answer these questions we can give you some definitive answers:

 

Answers by PM in bold (edited to protect ID of OP)

 

a) Start date of employment Late June 09

b) Weekly wage £over 95

c) Number of days worked per week and pattern i.e. 5 days M - F. 37.5 to include Saturdays if required

d) Date of first day of sickness 6.8.09

e) Date you first gave them sick note from GP end of August

 

 

Che

[elche]

Hi SG

 

Firstly, I just wanted to point out, that rather than an ET, the route for complaint re entitlement to SSP is slightly different:

 

It is for an officer of HM Revenue and Customs to decide any issue arising as to, or in connection with, entitlement to SSP: and the Statutory Sick Pay and Statutory Maternity Pay (Decisions) Regulations 1999 An application for determination of the issue may be submitted by the Secretary of State or by the employee concerned, though not by the employer: reg 2(1), (2). The application must be in writing, in the approved form or otherwise as directed. Where made by an employee the application must be made within 6 months of the earliest day in respect of which entitlement to SSP is in issue

 

The problem is obvious, it is because, it used to be the case that the employee had earned above £95 per week for the qualifying period, which (from memory) was the 8 weeks before the start of the Period of Incapacity for Work - (a word for sickness); and in your case you went sick after a short period with your employer.

 

Now, I must be honest that I am too inebriated to check this properly now, but I have a feeling that your employer is not paying this because they do not know if you have sufficient NI contributions in the qualifying period before your absence; or has this provision been repealed?

 

What were you doing (salary wise), before you got this job?

 

Che

[SkintGirl66]

Hi Che,

 

Thanks so much for replying, I have been hospital I was v. stupid and OD. What it is they pay me one month normal salary even though I have sent in sick notes. Then next month they realise that have paid me salary not SSP so clawback all the SSP for that month!! So I am actually in deficit of -£185.00 this month... They did it in August too. Can they do that?

 

Also I am so hoping that they have sacked me.

 

Ps I signed on previously getting ESA I think the income one (what ever that means).

 

Thanks

[ninjamo]

Hi SkintGirl! Found your post lol!

 

Your employer definitely does not sound very proficient when dealing with payroll do they!

 

Do you have a contract? If so what does it say about decustions from wages?

 

The employment Rights Act states that you must be informed in writing before any deductions take place and if they are a reasonable employer, they should let you make representation about frequency/amounts of deductions etc.

 

The first thing I would do - and quickly, is send them a request for an itemised pay statement which you are entitled to under section 104 of the employment rights act 1996. You must give them 14 days to respond (and send it recorded delivery). If they do not respond to this, PM me and I can tell you where to go from there. Hopefully they will and then you will be able to see exactly whats been going on with your pay.

If they have not given you any prior warning about the cock ups with your pay then you need to raise it in a formal grievance so you are following the correct procedure. Again, if you need help with this I have a great template you can use which quotes all the relevant legislation.

Also, you stated you joined the company in June this year. Are you on a probationary period, disabled etc? Do you work full time or earn over £95 per week? The usual requirement is that employees are entitled to 28 weeks SSP.

Hope this helps! Let me know any more info and I'll try and help where I can. x

[elche]

The employment Rights Act states that you must be informed in writing before any deductions take place

 

Hi ninjamo,

 

Thanks for the helpful post. Just wanted to point out that where there has been an overpayment of wages your employer could deduct w/o prior written warning, or even you giving written consent.

 

Section 14 provides that the provisions of ERA s 13 do not apply in respect of

 

• (i) any overpayment of wages
  

And as SSP is wages (s.27), then they can probably recover the overpayment from SSP due.

 

See this thread http://www.consumeractiongroup.co.uk/forum/employment-problems/128841-unfair-deduction-wages.html

 

CHe

[elpulpo]

But is there not provision, mi estimada elche, that the employer should go about making a recovery of overpayment without it causing undue hardship to the employee?

 

Can't think where or what that is, but thought that was the rule?

 

For example, if an employer overpaid an employee the equivalent of a months wages over the course of a year, they can't, having realised their mistake, suddenly refuse to pay that employee a whole months wages?

 

They'd have to enter into consultation with the employee, and agree for the money to be recovered over a period of time. No?

 

I'm too 'Tired' at this late hour to find the specifics, but thought that was the case......

[ninjamo]

Hey guys, it's lovely how innocent people have to pay dearly and often for what seem to be regular corporate/HR/payroll screw ups! I used to be under the illusion that the 'little man' so to speak actually did have some protective rights in this country, but like so, so many others I have discovered that this is 99% never the case.

 

That's a valid point about the overpayment provision, I'm sorry I missed that - I'm still quite new to all this. Luckily in my case my own contract clearly states rules about deductions and overpayments.

 

I was wondering... are there any rules that state that an employer cannot drop an employees wage below the national minimum wage or anything similar? I don't see how the law reflects how people are supposed to live in this kind of situation. It just seems that an employers incompetence always prevails. The employer f***s up an employees pay, and the employer gets treated like dirt as a result.

I understand that an employer has a right to recoup any losses such as this, but why do they have to be so harsh about it? Most employees are always going to be more than willing to sort these kind of situations out fairly as most employees will want to keep their job! I suppose that's listed under the threads 'life is just not fair people'.

 

Gets me so angry!

[SkintGirl66]

Hi guys,

 

I am writing this from Hospital as I was readmitted as I am very unwell and my condition has been worsened by my employers actions.

 

I have actually got a form the Inland Revenue and filled it out all the details they asked and got the Hospital (they are very helpful) to fax it to the Inland Revenue today... but it will take ages to sort out.

 

The things is they overpaid me due to their own incompetence, I hve submitted sicknotes but they have been paying me salary, and then clawing it back the following month in SSP. So I am ending up with 0.00 or -185.00 (this month) and they expect to live on nothing for a whole month!!

 

Can they do they do that legally? Because they are withholding SSP i.el the act of clawing it back - surely that is illegal?

 

I did raise a greivance too, and sent it recorded delivery before I went into hospital, but I guess the grievance will not be upheld as they can of course make deductions without my written consent as they are saying it is an overpayment of salary

 

Sorry for the bold but I really would like some case law or something on this. Also they have failed in responsibilities as an Employer and also made my medical condition worse.

 

Thanks for all the help and support, I hope this post makes sense.

 

Thanks

Emmax

[ninjamo]

Hi Skintgirl, as Elche said, I think unfortunately their actions are not deemed to be illegal, just ethically and morally wrong (in my opinion). You say your condition has worsened. I think that possibly the only way you can put any come back onto your employer for all this is possibly a personal injury claim for your illness - if they have made it worse. If you could get this backed up by a doc etc I don't see why this shouldn't be a problem as this would not be reviewed by an employment tribunal.

 

If you are in receipt of benefits you should be entitled to legal aid. Visit this website www.communitylegaladvice.org.uk/

If you contact them, they should be able to help you further and put you through for a free telephone legal consultation with an appropriate advisor. They're really helpful and definitely worth a call. Hope this helps. x

[SkintGirl66]

Hi everyone.

 

Thanks for the kind replies, I am going to review my options, with regards to a personal injury claim and let you know.

 

Thanks.