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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46799
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Morning I have been with my employer 3yrs in July. In April

Customer Question

Morning
I have been with my employer 3yrs in July. In April I was signed off sick pending a gallbladder operation on 24 may. My payday is 20th of each month. So in April I received full pay, I was signed off from 22nd April. So come may pay I was expecting a full month of ssp at £88.25 per week. What I got was £116. When I questioned this I was told that they had overpaid me in April by 1 week as the payroll goes from 1st-30th, so they took back the the money which would of left me 0. They told me the only reason I got £116 was due to an income tax refund. I do appreciate, they need to recoup overpayment, it's money I have not earned, however I was not informed of this befor the deduction was made and maybe naively was just expecting the basic ssp. So when I checked my bank on 20th may to see all my direct debits unpaid, consequently causing me charges and my rent wasn't paid so now have letters to say the council will take me to court etc. If I had known my pay would be so low I would of made arrangements but as I was not informed it has caused me no end of problems possibly resulting in eviction. I feel even as a courtesy I should of been given a heads up. Is there any action I can take? Many thanks, ***** *****
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

So you agree that you were genuinely overpaid?

Customer: replied 11 months ago.
Customer: replied 11 months ago.
I'm not disputing that. I'm not happy that full amount was taken the following month knowing I would be on basic ssp and not be informed of it
Customer: replied 11 months ago.
I find it hard to believe and actually appalling that an employer would have such little responsibility towards their employees well being. I previously have run my own business and would never have left one of my team in such a position in what is already a very stressful situation.
Customer: replied 11 months ago.
Is there any advice u can offer?
Expert:  Ben Jones replied 11 months ago.

Hi sorry I was offline by the time you had replied. Were the deductions itemised on your payslip and was that issued at or before the time the ay was due?

Customer: replied 11 months ago.
was itemised on payslip, but payslips get delivered to my place of work on payday. They never turn up befor payday and don't get delivered to the home. So even in the unlikely event that payslip was sent early it went to my workplace which obviously I wasn't there as I was signed off sick
Expert:  Ben Jones replied 11 months ago.

Thank you. Under the Employment Rights Act 1996, employers are automatically able to deduct any overpayments made to you from your wages. So if you were genuinely overpaid by them, they can deduct this money from your subsequent pay. In terms of notifications, the law requires any deductions to be listed on the pay slip and the rules regarding that state that “An employee has the right to be given by his employer, at or before the time at which any payment of wages or salary is made to him, a written itemised pay statement.”

So your main argument here would be that you were not provided with the pay statement at or before the time the payment of wages because you were off sick and if they had sent the statement in work, you would not have been there to receive it. Therefore, they should have made arrangements to either deliver the statement to your address or provided it electronically to ensure that you received it in time before the pay was due.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have to challenge this and take it further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46799
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you very much will rate now
Customer: replied 11 months ago.
OK so what course of action would you suggest?
Expert:  Ben Jones replied 11 months ago.

Thank you. As mentioned, an employer is obliged to provide an itemised pay statement under section 8 of the Employment Rights Act 1996. A failure to do so could give rise to an employment tribunal claim. If the tribunal finds that an employee has not received a pay statement, it must make a declaration to that effect. Compensation is only possible if the tribunal finds that any unrecorded deductions have been made during the 13 weeks immediately before the employee's application to the tribunal. So the failure to provide a payslip in itself will not give rise to compensation, but making unrecorded deductions would. In the circumstances I would push this internally, such as to raise a grievance with the employer to complain about the failure to provide you with the payslip in time, resulting in no knowledge of the deductions

Customer: replied 11 months ago.
OK thank you I will be honest and say I'm not really looking for compensation as such. I just find it outrageous that they have put me in this position and I want them to be totally aware that they can't do this to people, messing with people's lives and I don't want them to do it to anyone else. Do you think a conversation with my HR dept would be beneficial as opposed to escalating the situation straight away?
Expert:  Ben Jones replied 11 months ago.

yes of course, you do not have to go out all guns blazing from the start - you can speak to them informally first, and then you have the grievance procedure as a more formal approach. That could result in a change to their policies in these circumstances but there is no guarantee of that

Customer: replied 11 months ago.
Thank you very much for clarifying my rights in these circumstances you have been very helpful.
Expert:  Ben Jones replied 11 months ago.

You are welcome, all the best

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