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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44871
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My partner was due to be paid today but received just £11 instead

Customer Question

My partner was due to be paid today but received just £11 instead of her expected pay of £1172, every other employees's wage slip has been delivered except hers, she has been told by HR it was because she had 2 weeks off sick in January and has been overpaid but she has evidence to prove she wasn't off sick in January, she has a mortgage payment due tomorrow and she has sever asthma, this has meant that today she is very worked up and has been told by HR that even though her supervisor advised that she went home due to the stress of the situation HR said if she leaves the premises it is misconduct!
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. How long has she worked there for and what is her contractual sick entitlement? Please note I am in tribunal today so may not be able to respond fully until later, thanks
JACUSTOMER-9jnt2fon- :

she has worked there for 3 years and is entitled to 6 weeks sick leave

JACUSTOMER-9jnt2fon- :

she had time off last February, 2013 because of her asthma and was paid full pay. In September she was off again with same problem was paid in full but in October without notice they deducted over £770 and when questioned they said she has used all her sick entitlement which is on a 6 month rolling basis which meant she wouldn't be entitled to any more paid sick leave until February this year. She has had 3 weeks off in March/April due to a hospital stay but she delivered her sick notes and was paid in full in March. Today she should have had her normal wage but they have deducted over £1150 which doesn't even equate to the 3 weeks she has had off officially or the 2 weeks in January they mistakenly have on record. When she questioned them this morning they said they had overpaid and had deducted it due to her having 2 weeks off in February which she has evidence to prove she wasn't off. Her wage slip was the only one missing today, everybody has theirs. The stress from this has affected her and the last straw was the missing wage slip as she has no idea what has been deducted, she doesn't even know if statutory sick pay is included which it clearly hasn't due to the amount actually paid into her account. She walked out of the building to calm down and her supervisor said he thought it best she go home but HR have said that if leaves early it is misconduct!

Expert:  Ben Jones replied 2 years ago.
Hello, my name is Ben and it is my pleasure to assist you with your question today. can you tell me how long she has been with her employer please
Expert:  Ben Jones replied 2 years ago.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Expert:  Ben Jones replied 2 years ago.
sorry I have been in a meting all afternoon I am just preparing my advice and will get back to you ASAP
Expert:  Ben Jones replied 2 years ago.
Hi it looks like some of my messages have been bouncing so I am not sure if you managed to get my response yesterday, if not I will try again so please see my response below:

It certainly does not appear that she is being treated fairly in this situation. Whilst an employer has the legal right to deduct any previous overpayments from an employee’s pay without their consent, they must do so fairly and there is also a legal duty on them to provide her with a detailed pay slip at or before she is aid, which would detail any deductions being made and what they are for. The relevant legislation in that respect is here:

http://www.legislation.gov.uk/ukpga/1996/18/part/I/crossheading/right-to-itemised-pay-statement

Whether she has been overpaid is really a factual issue that can be determined based on her contractual entitlement and actual dates of absence – this is all facts and can be worked out if necessary. So the next step is to ask the employer how they arrived at this decision and provide a formal breakdown.

In the meantime she needs to contact her mortgage provider to tell them she will have difficulties paying her mortgage this month and explain the reasons why – most providers would be understanding and can give her some breathing space for a period of time.

If she walked out without having permission to do so then it could amount to unauthorised absence from work which is a misconduct offence but there are mitigating factors here and if necessary she can try and get signed off sick with stress just so she has a reason for being off.

In the meantime she can try and resolve this with the employer – the grievance procedure is the first thing she should try and eventually if the money is not returned and it is clear it should never have been deducted, she can make a claim in the employment tribunal to try and recover it.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
Expert:  Ben Jones replied 2 years ago.
Hello Joanne, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

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