Unlawful Deductions From Wages?

I Was Off Sick From Work And The Company Paid Me SSP, When They Shouldn't Have.
The Following Month, They Used What Wages I Had Accumulated From The Months Work Plus What Holiday I Had Accrued Till That Time And Then Deducted What I Had Been Overpaid In SSP From This Money. All Told I Had A Wages Total For The Month Of £0.00. I Was Not Told That This Was Going To Be The Case, And On Receiving My Wage Slip This Was A Total Shock.
Are They Allowed To Take The Whole Lot In One Go And Leave Me With Nothing For The Month?

Samantha

Can I ask why you feel they shouldn't have paid you SSP when you were off sick? Is there an entitlement to company sick pay? And if there is, are there any conditions that have to be met in order to receive company sick pay (e.g. length of service, reason for absence, following absence reporting procedures)?

Are you still working for the company or have you left? If so, was the pay with your deductions your last pay from the company?

If you could provide some further info, this will be easier to answer.

Loved by some, hated by most!

Your employer cannot just take all the money from your wages they have to discuss and arrange with you on how the money can be paid back. The only way you can get the the money back now is by writing a letter to your employer for unlawful deductions from your wages stating how much should of been deducted and that you expect the money or at least some money paid back to you and you want to discuss an arrangement for this and how long you wanna give then to respond say like 7 days. If you need any more information here's a link for you to look at http://www.adviceguide.org.uk/index/life/employment/rights_to_pay.htm#Isanemployerentitledtomakedeductionsfrom

Hope this helps and good luck with getting it all sorted

gail

It sounds very unfair especially as it was their error.
I would ask for a complete break down of how they have calculated this last months wage and go and get some advice from the CAB. In the UK they are not allowed to deduct all of your wage and leaving you with nothing to live on.
Any decent employer would have allowed you to pay it back in instalments and to include your holiday pay when you haven't taken holiday shouldn't have come into the equation at all.
Sounds like your employer is using bully boy tactics and i would phone acas for some advice.
Phone acas for some advice.

paul h

Your employers ought to have made an arrangement with you to repay them an amount you could reasonably afford - it's somewhat draconian to claw back the whole amount and leave you penniless.

You may have a claim for Unfair Deduction From Wages and should write to your employers stating you intend to do this if they do not refund a reasonable about within 14 days. If they do not respond within the time stated, make an application in the above to a Employment Tribunal (ET) without further notice.

To find out more about making such a claim, follow this link: http://www.acas.org.uk

Good luck.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: