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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My wife has just had a baby and in February I put in a SC3

Resolved Question:

My wife has just had a baby and in February I put in a SC3 form requesting 2 weeks leavefrom june 13th. Once the baby was born I took my paternity On June 16th for 1 week yet my monthly pay has been deducted to SSP for 2 weeks. The company have had no time sheets for the dates so should they have deducted the money from June's pay without warning or an adjustment made in my July pay?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. As far as you are concerned what deductions should have been made by the employer?

Please note I am going offline shortly so may not be able to reply until tomorrow, thanks

Customer: replied 1 year ago.
Only 1 week SSP, but I believe the deductions should have come out of July payment not june
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. Under law you are entitled to take either one or two weeks ordinary paternity leave (OPL) within 56 days of the birth of their child.

During OPL, employees are entitled to benefit from their usual contractual terms except for those terms relating to remuneration. Instead they will be paid Statutory Paternity Pay at £139.58 a week or 90% of their average weekly earnings (whichever is lower).

If they have paid you the SPP for 2 weeks instead of 1 week, which meant that you had not been paid your usual pay for the second week, then that would likely amount to an unlawful deduction of wages.

You should have been advised of that at or before the time your pay was processed especially as the law requires the employer to provide details of any deductions to be made from each pay packet.

If they have failed to return the money owed then you can consider taking the matter further. There is probably no point in taking legal action if the adjustments are made in the next pay or even the one after but if it appears that this is not going to be resolved then you can take this down the more formal route.

This is your basic legal position. I have more detailed advice for you in terms of the options you have to take this further if the matter remains unresolved, 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

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. Should the money not be paid in the long run then this will potentially amount to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.

In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.

If the employer does not return the money as requested, the following options are available:

1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.

Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.

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