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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45357
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Im off work sick and this month wage was £0.00 work say I

Resolved Question:

I'm off work sick and this month wage was £0.00 work say I have been overpaid, so they have taken it back leaving me nothing. Can they do this?
Ms Debra Roach
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Customer:

Hello Ben

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there?

Ben Jones :

Why do they say you have been overpaid, what did they overpay you on?

Customer:

Over 5 years and overpaid on sick pay

Ben Jones :

do you agree you were overpaid?

Customer:

Not sure as payslip is beyond me.

Customer:

Gives basic pay then ssp paid -osp contra

Customer:

so basic £1031 variable pay(ssp minus osp contra) minus £406 deductions minus £25.28 net pay £649.79 Dec 13 payslip

Customer:

Just need to know; if overpaid can they take it all with no warning leaving me with nothing?

Customer:

Feb payslip goes Basic pay£1268.29 Variable(ssp paid £780.30 minus osp contra £2217.35) =minus£1433.89 deductions (TR £165.60) so minus £165.60 = £0.00

Ben Jones :

The law does allow an employer to automatically deduct earlier overpayments from an employee’s wages, without any prior notice. However, at the same time employers must adhere to the implied contractual term of mutual trust and confidence. This term generally requires employers to act fairly and reasonably when dealing with their employees. If an employer does not act in an even handed manner, it could breach the implied trust and confidence and give the employee the opportunity to raise a grievance at first. If the matter remains unresolved, they could even consider resigning and claiming constructive dismissal, subject to having at least 2 years' continuous service with the company.

Customer:

Thanks. Guess I will have to wait and see what Unison will do with it,

Ben Jones :

if you have union help then certainly use it as that is what it is there for

Customer:

Have been as much use as a snow flake in hell so far. But will take it to the top.

Ben Jones :

you have the right to challenge it further - even though 'legally' they have the right to do this, they must also consider the effect it will have on its employees and leaving you with no pay when off sick is just not what a reasonable employer should be doing

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45357
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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