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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75107
Experience:  Qualified Solicitor
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Afternoon, I have recently been signed off work due to back

Customer Question

Afternoon, I have recently been signed off work due to back problems. I was informed by my line manager that I had to return to the Office in line with the rest of the business despite him knowing that I was suffering with back issues. He actually saw me struggling to get about the office. My workstation was not set up correctly and I was unable to set up the chair to a comfortable position.
JA: Where are you? It matters because laws vary by location.
Customer: Sorry I hit return in error.... to continue... Whilst I can't 100% prove that the return to the office caused my recent back issues, my Chiropractor and Physio feel that it has certainly exacerbated the problem. I have been off since 16.8.2021 and received an email from HR to say that are only paying me SSP four working days after this date in line with the Contract of Employment. However, they paid my full salary to me for August. Are they allowed to claw the salary back from me, even though they didn't make me aware of the proposal until this week? My Line Manager has received all my sick notes and was therefore aware that from the first doctors note, I was signed off until 29.08.2021. I look forward to hearing from you. I am based in Solihull, West Midlands
JA: What steps have you taken so far?
Customer: Apologies, I thought I had selected the Employment Law tab. I haven't done anything yet as I am unsure where I stand.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so. Can I just check this is a free service?
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 13 days ago.
can you email your response to me please as I was unable to pick up the message
Expert:  Ben Jones replied 13 days ago.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 13 days ago.
I started working for the company 02.01.2019
Expert:  Ben Jones replied 13 days ago.

Thank you very much for clarifying. Does your contract entitle you to any company sick pay, over and above SSP?

Expert:  Ben Jones replied 13 days ago.

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Expert:  Ben Jones replied 12 days ago.

Without the requested information, I can only provide you with general information, which hopefully will still be useful to you. First of all, I am sorry to hear about the issues you have experienced in your situation.

The main thing to check is whether your contract entitles you to any company sick pay, over and above your basic entitlement to Statutory Sick Pay. If it does and you have been paid in accordance with that, it would not really be possible for the employer to try and recover the pay you have received to date, even if company sick pay was discretionary. They cannot pay you and then retrospectively change their discretion.

On the other hand, if there was no entitlement to any company sick pay, you would not have been entitled to full pay whilst being off sick and they can treat that as an overpayment, Under the Employment Rights Act 1996 employers have the right to recover overpayments made to their employees, which they can do by a deduction from their future wages. They should still check with you in advance to ensure that you are not left unable to meet basic outgoings, so to potentially spread it out a bit, but it is possible for the pay to be recovered that way.

Expert:  Ben Jones replied 12 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 12 days ago.
Evening Ben. Sorry I haven't had chance to reply sooner. I checked my contract and have spoken with HR and Occupational Sick Pay is discretionary by the Line Manager who apparently decided not to pay anything in this respect. Many thanks for replying to my query.
Expert:  Ben Jones replied 12 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best