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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47343
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a question about deductions. I have resigned my

Resolved Question:

Hi - I have a question about deductions. I have resigned my position and are due to leave work next Friday (as agreed with my employer). In my contract, we are allowed up to 5 days in a calendar year sick (on full pay) and thereafter, SSP. I have had 4 days sick this year (so far) and my employer is going to make a deduction from my final pay, because they are pro-rating the sick days on full pay. In my contract it does not mention anything about pro-rating sick pay.
Is this legal?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year 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 1 year ago.
How long have you worked there please?
Customer: replied 1 year ago.
3.5 years
Customer: replied 1 year ago.
Hi BTW
Expert:  Ben Jones replied 1 year ago.
Hello. OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Hi there, just before I finalise my response, I was thinking it may be a good idea to see the exact wording of the sick pay clause, do you perhaps have that to hand please?
Customer: replied 1 year ago.
Hi Ben - the clause in the contract that has been referenced back to me (as making this stipulation) is as follows:"The company will pay full pay up to 5 working days per calendar year. The company will not pay for any other time off sick other than statutory sick pay, this will be at the discretion of your manager. To qualify to be paid SSP you must have worked for at least 8 weeks prior to absence.
On the first morning of your absence a phone call must be made to the accounts / personnel department by 10am at the latest. If on your first call of absence you have not advised of how long you will be off sick for then a call must be made before 10am every morning thereafter.
On your return to work you will be expected to complete self certification if you have been off for up to 5 working days, this is held in the accounts / personnel department. If your sickness absence has been longer than 5 working days you will need to produce a doctors note to the accounts / personnel department on the first day of your return to work. "Thanks - Ian
Expert:  Ben Jones replied 1 year ago.
Hi, not sure if there is a problem with the system and if you are getting my responses. I wanted to check if you had the contract clause on the sick pay matter just so I know exactly what your rights are? Thank you
Customer: replied 1 year ago.
Hi - I did send this through last night, but I will resend now:
The company will pay full pay up to 5 working days per calendar year. The company will not pay for any other time off sick other than statutory sick pay, this will be at the discretion of your manager. To qualify to be paid SSP you must have worked for at least 8 weeks prior to absence.
On the first morning of your absence a phone call must be made to the accounts / personnel department by 10am at the latest. If on your first call of absence you have not advised of how long you will be off sick for then a call must be made before 10am every morning thereafter.
On your return to work you will be expected to complete self certification if you have been off for up to 5 working days, this is held in the accounts / personnel department. If your sickness absence has been longer than 5 working days you will need to produce a doctors note to the accounts / personnel department on the first day of your return to work.
Customer: replied 1 year ago.
Hi - did you get my last message with the extract of the Sick Pay contract clause?
Expert:  Ben Jones replied 1 year ago.
Hello sadly not I think there may have been some technical issues would you mind trying again please?
Customer: replied 1 year ago.
Hi - I have attached a document with the clause in it. Ian
Expert:  Ben Jones replied 1 year ago.
Many thanks, ***** ***** it now. As you have identified, it does not state anything about it being accrued on a pro rata basis so you should not expect them to calculate it in that way and the 5 days should be your entitlement at any time, regardless of how far into the calendar year you are. It should be that you get 5 days full pay and once that has been used up then you would simply not be entitled to any further full sick pay for the remainder of that year. Therefore, deducting the difference based on a pro rata calculation will likely amount to an unlawful deduction of wages on their part and you could challenge it further if needed. This is your basic legal position. I have more detailed advice for you in terms of the specific steps ou need to follow to pursue this if needed, 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 I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Thanks Ben - great advice - interestingly, when I mentioned I was taking legal advice, they decided to reverse the deduction!As such, I won't need to progress this......but thanks for the advice - much appreciated :-)
Expert:  Ben Jones replied 1 year ago.
Yes funny that, interesting to see how putting some pressure often can work wonders, especially when they are in the wrong. And for a few days' worth of pay it really would not be something they should be digging their heels over. All the best