My partner is currently off long term sick due to seizures & blackouts. He is due to go back September 15th but its looking like he will be signed off a little longer because there's still investigations underway.

We have had nothing but problems with his SSP since he went off sick to the point where he attended a grievance meeting today which was to decide the outcome of the formal grievance he had to lodge.

The upshot is that they have agreed they owe him money from May (should have been paid in the June payday). They told him he is too late to have it paid this month so he either waits until October payday or they will pay him in cash and charge him 32% "tax". He earns under the tax threshold so currently doesn't pay any tax anyway and certainly not at that rate!

We aren't talking about a huge amount (approx £100) but with him on sick and me not being paid during the summer holidays (I work in a term time pre-school) as well as a 12 year old and a 1 year old prem baby at home all of the money adds up and we are in severe debts because of how they've been paying it!

Do they have the right to make him wait until October since this was due in June or to punish him for asking for money he's waited 3 months for?

We also informed them in the grievance that because of how they've been paying incorrectly (for a lot more than £100!) we now have bailiffs involved and that if they didn't resolve by a certain date they were liable for bailiff charges. This was upon advice from the area manager of the union, Usdaw. They have totally blanked this in the grievance judgment!

Thanks

I would send the CEO a recorded delivery letter explaining that if your partner doesn't get his hands on HIS money immediately, you will have no other option than chase them for the consequential bank charges, bailiffs charges, interests etc.

Of course you would need to use a more articulated language.

Internal grievance procedures take long time and rarely resolve in money leaving their account in a few days.

what does your rep suggest?

The grievance is complete, we have a letter stating the outcome but funnily enough no mention of what she said about how it would be paid!

I know when they underpaid a friend of ours who also works there, they pulled him in gave him 86% (don't ask me how they work this out) in cash, made him sign for it & then paid the rest the following month. So they can pay in cash.

I would send the CEO a recorded delivery letter explaining that if your partner doesn't get his hands on HIS money immediately, you will have no other option than chase them for the consequential bank charges, bailiffs charges, interests etc.

Of course you would need to use a more articulated language.

Internal grievance procedures take long time and rarely resolve in money leaving their account in a few days.

We're having to change reps as the one he went in with today is changing areas so he's going to contact the area manager again tomorrow for advice on where to go.

what does your rep suggest?

you have a few routes, small claims for losses incurred would be the obvious one - but these all take time. However I woud ask for a breakdown of what the 32% covers, in writing - seems well off to me.

Brilliant, thank you so much!

you have a few routes, small claims for losses incurred would be the obvious one - but these all take time. However I woud ask for a breakdown of what the 32% covers, in writing - seems well off to me.

I'M guessing that 32% equals basic rate tax and NI. If the OP is a non tax payer that wouldnt add up anyway. They could accept this offer and then report to HMRC but that will be stirring the vipers nest.

As the union is named, can you say whether this is a large retail chain or a single store type enterprise?

Ask your rep to appeal the grievance hearing.

You need to have what you want to resolve the grievance clear in bullet form.

Immediate repayment of money outstanding

A list of consequential charges (with proof) incurred due to the UNLAWFUL DEDUCTIONS OF EARNINGS

Tell them that you reserve the right to take legal action in a small claims court or tribunal of which they will be paying the legal costs associated with them.

If this does not move them then you have 2 options

A Letter Before Action giving them 14 days to repay the money AND any charges and future charges incurred

Begin a small claims action

Or

Tribunal application via your union for Unlawful Deduction of Earnings.

First option you can do yourself with help from here and will be quicker. Option B allows the Union to help you and guide you through the process but is more time consuming.

Has anyone considered it is illegal to pay cash in hand

This smells

It is legal to pay cash in hand so long as the employer provides a payslip and makes the appropriate deductions and forwards them onto the HMRC

what is described above sounds like a wage advance to cover the shortfall with an agreement to repay it when the amount is paid back.

You could try calling the HMRC enquiry centre on 0300 200 3500, they should be able to inform your employer of his responsibilities re ssp.