Can my ex employer do this?

Question

Serious answers PLEASE!

I was working for a small family company, my contract stated that I was not entitled to company sick pay only statutory.

Ok so far!

Only I was in hospital for a week (5 days) and my boss paid me regardless (nothing was ever mentioned)

This occurred back in July, I have since left the company (on a good note) in November and I had a holiday entitlement of 5.5 days due to be paid to me.

Still wif me!

Now My boss has paid me but he has deducted the sick pay that he paid back in July - I know that he has paid other staff who have been off sick and not deducted it again!

Although I feel this is highly unfair - CAN he really do this ? I am certain that shoud I have stayed this would never have occurred.

Please note this is in the UK !

I had been there for a year, I was the business manager and we are talking like £500 +, ANy body who has a clue, please reply! no nasty people as that is just not funny - this is serious to me ! - Thanks to those who are genuine !

Answer 1

go to the citizens advice bureau they will be able to help you out and its a free service

Answer 2

According to your contract of employment, you were not entitled to be paid at your usual rate while you were off sick. Although it's not very nice, they could say that they paid you this money in error and were recouping it, as nothing was said at the time.

If I were you, I would write them a nice letter (to preserve the good realtionship), saying that when you were off sick you were paid in full, and that you assumed that this was a discretionary management decision, especially as you knew other employees who had also received payments over and above that specified in the employment contract. Say that you are now confused because that money seems to have been deducted from your final monies due, whcih you were not expecting, and ask for an explanation.

You never know, they might give it you back as a goodwill gesture.

Answer 3

It all comes down to what you can prove. GO talk to some lawyers, most will see you for free on the first appointment. And don't rely on just one. If you know a lawyer that you trust, start there.

Seems to me if he's paid other staff, and you can prove it, then you might have a case. If you can't, forget it and move on. (How much money we talking about anyway? a half days pay?) If you made a $100 an hour that's still only $400. Not sure it's worth your worry and time, but it's your life!

Answer 4

Yes, he can. Your contract is what is in writing and is therefor the agreement. There aren't any laws I know of that will materially supercede that.

Another bummer is, it's only 5 days of pay, so it isn't even worth trying to pursue through legal or government channels.

Your best bet is, if you left on a good note, then write them a kind letter telling them so. Then, just mention that you were surprised at the deduction and could they explain it to you.

Direct, yet polite communication is usually the best, cheapest and most effective method. If it doesn't work, then maybe they don't feel you left on such a good note, then you'll need to decide if you want to fix that too.

Answer 5

I am assuming you are not a member of a trade union?...bet you wish you were if you're not!

Well...my advice would be to get an interview with a 'no win-no fee' lawyer and see if you can persue a case of 'unlawful deduction'. It is unlawful for an employer to deduct monies for any reason other than statutory reasons. Theser are income tax, national insurance, pension contributions and court orders.

Any other deduction from salary must be with the written permission of the employee, I assume you did not give this?
If you did not, then on the face of it, your ex-employer has made an unlawful deduction from your salary.

Good luck.

Answer 6

First of all, well done on such a clear explanation. It is usual that people asking issues about employment issues only tell some of the bits, and leave out crucial bits, like the contract of employment details.

It could be said that they made an error in your payment, it was you who failed to notify them of this error, and therefore they are recouping their losses, which they have a right to do.

Letter to your HR Manager just to query the deductions should encourage them to look at your situation again, and then they may make the decision. I alos encourage you to look to the answer posted before me about writing, as it took the words right out of my mouth.

Good Luck

Answer 7

Hi Declan,

From what you have said the employer was simply reclaiming an over-payment, which he is entitled to do.

There is however, the matter of custom and practice within the company.

Go and talk to a solicitor.

Answer 8

It depends. How long have you been working there? From my understanding, untaken sick leave after 2 years, it's not accumulated anymore. I need more detail about your situation.

Answer 9

I am afraid he is within his rights. I would not go to a lawyer as it will cost you as much again.

Answer 10

Contact your local labor board.