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