SSP/Bank holiday pay/deductions from wages

[pippadeee]

Hi all,

Currently on long term sick I have been receiving SSP only since November. My contract gives x days paid leave plus additional paid bank holidays.

Obviously over Christmas there were three bank holidays. Can anyone advise whether I should have been paid full pay for these days? I queried this and was advised that no I wasn't entitled to be paid for them. However as these bank holidays are paid days and over and above any annual leave but have to be taken on bank holidays ie they can't be carried over like my normal unused annual leave allocation can where do I stand here?

I do know there is no statutory entitlement to paid bank holidays (I think anyway) but it is written in to my terms of employment?

Also, I know where retail workers are concerned any deductions from pay cannot exceed 10 per cent. I don't work in retail but had a deduction of 30 per cent taken off last month. This was an ongoing deduction of £115 a month which was taken off still despite my pay having been drastically reduced due to my sick situation.

Thanks in advance.

[old_andrew2007]

Bump

[cal37]

As a rule you can not be paid holiday as well as sick pay. So your company is right and you are not entitled to them.

Where did you get this about the 10 % deduction? never heard of it and as far as i know there is no such ruling.

Retail workers do have some extra rights ( not being forced to work sundays etc ) but this is a new one one on.

[pippadeee]

Hi

thanks for the reply. Not sure if I can post links but this paragraph below mentions the 10% thing


Deductions from Wages
An employer is allowed to make certain deductions from an employees wages, which include Tax & NI, attachments of earnings, authorised third person payments without prior written authorisation from the employee.
Even if the employee owes their employer money, repayment of a loan for example, and fails to pay it the employer, without specific written consent from the employee, can not just deduct it from their wages.
There are certain payments that are not classed as wages, which include advances, redundancy payments and compensation.
A retail shop worker may have a maximum of 10% of their gross wages deducted to pay back cash and stock shortages following written notification.

[cal37]

Ok so what is the deduction for? If its stock or cash shortages then you might have a case. Was it a one off deduction of £115 or is it ongoing?

[pippadeee]

Hi

Just to clarify again - I dont work in retail so that doesnt apply to me but I'm wondering if rules do apply generally in respect to how much can be deducted from wages.

The deduction is ongoing. It is a repayment of an interest free loan which I have disputed via a grievance since I never agreed to it in the first place (long story I dont want to raise on here ) . Since I raised the grievance a couple of weeks ago this payment has actually mysteriously stopped; it didnt appear as a deduction this month ..well it did, 2p was deducted instead of the usual £115, but it was still deducted for a couple of months whilst I was starting to receive only SSP?

[cal37]

Hi,

It’s hard to help without details really, if you like PM me the details and I’ll help all I can.

There is no hard and fast rule concerning deductions unless you signed an agreement?

I would agree that taking the deduction while on sick would seem unfair.

Have you had a grievance meeting yet?