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Over payment and clawback of salary


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I am on sick leave and only entitled at this time to SSP. In February my employer paid me a full salary and clawed it all back in March leaving me with absolutely nothing and in hardship.

 

I sent in a Fit Note on 18 March for 4 weeks and indicated that I would not be returning in April so I should not get paid. i was advised that I am getting paid my full salary despite being on sick leave and they will recover it all in May. This is causing me financial problems and requested that they just pay me my SSP which I am entitled to. I emailed them in plenty of time for the cut off date for salaries but they ignored my email and reminder and have again paid me a full salary.

 

I know that employers can claw back overpayments if they have made a genuine mistake but this is not a mistake. They are ignoring Fit Notes and advice from me that I am still off sick.

Can anyone advise me on this matter.

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Do you mean "claw it all back except the SSP?"

 

In which case it is a budgeting matter really?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Are you entitled to it under your contract, check that out first, if you are entitled then tell them so. Is there a HR that you can talk to or your manager. I know very large multinationals retailers are trying not to pay some staff company sick pay due them not making up their sale.

 

How long have you been with the company.

Edited by bonnygirl
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Do you mean "claw it all back except the SSP?"

 

In which case it is a budgeting matter really?

 

It is more than a budgeting matter. I am in the middle of a Grievance and now an Appeal with my employers, and erroneous sick records and failure to pay correct wages is one of the issues.

 

I have been getting the wrong pay since January and despite having run out of Company Sick Pay entitlement, they continue to pay me full pay and send me an email saying that next month they will claw it back.

 

Last month I only heard 36 hours before pay day that they were clawing back everything at once leaving me with nothing. It is hard to budget when you don't know, because they don't tell you, what you should be getting.

 

The Grievance also heard that they had calculated the first 3 days of SSP twice, meaning that I lost 3 days pay.

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They are leaving you the SSP when they claw back though? Its a bit hard to follow!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Are you entitled to it under your contract, check that out first, if you are entitled then tell them so. Is there a HR that you can talk to or your manager. I know very large multinationals retailers are trying not to pay some staff company sick pay due them not making up their sale.

 

How long have you been with the company.

 

I have been with the company 8 years and have been off sick, following major surgery a few months ago. I have run out of Company Sick Pay and should now only get SSP. My employer told me that as they never know if I am returning or not to work before the cut off pay period, they are paying me as if I was back at work and are clawing all of it back the next month. There are disputes which I have raised via the Grievance procedure so I am never sure what i should expect each month. They miscalculated the 3 days waiting days and withheld SSP twice instead of once only. They have also miscalculated the amount of company sick pay and 3 days of this has been lost too.

 

I have been sending in Fit Notes each month for 4 weeks at a time and these Fit Notes state clearly that the GP has to see me at the end of the 4 weeks, so my employer knows that I will not be back during the current pay periods. I also emailed them 2 weeks before the pay period ended advising them that I would be renewing my Fit Note and they should continue to class me as absent from work and not pay me my salary.

 

This has been happening since February and they continue to do it.

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Can you say you'll be renewing a fit note though!? Surely that is a gp decision not yours?,

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Hello there.

 

I'm not quite following everything either. Regarding budgeting though, and disregarding your dispute over 3 days of SSP.

 

If you're just expecting SSP each month, is that what you're left with after the clawback, overpayment minus the SSP you should have had? Or are they clawing back so much that you have SSP one month and then absolutely nothing the next please?

 

HB

Illegitimi non carborundum

 

 

 

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I'm not sure I explained that very well. :(

 

SSP is currently £86.70 a week [less before 6th April, I can't find the figure].

 

After the clawback, are you getting £86.70 a week if you average out what you're left with? That's what I was trying to ask. :)

 

HB

Illegitimi non carborundum

 

 

 

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Hello there.

 

I'm not quite following everything either. Regarding budgeting though, and disregarding your dispute over 3 days of SSP.

 

If you're just expecting SSP each month, is that what you're left with after the clawback, overpayment minus the SSP you should have had? Or are they clawing back so much that you have SSP one month and then absolutely nothing the next please?

 

HB

 

This is correct. They are giving me part SSP and part salary saying that they are doing this in case I come back to work. Then the following month they claw it all back leaving me with absolutely nothing. They have been told repeatedly that I will be off for a while yet. i had major brain surgery a few months ago and I am still in recovery and I am sending in Fit Notes and advising them each time that I am still under the doctor.

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This is correct. They are giving me part SSP and part salary saying that they are doing this in case I come back to work. Then the following month they claw it all back leaving me with absolutely nothing. They have been told repeatedly that I will be off for a while yet. i had major brain surgery a few months ago and I am still in recovery and I am sending in Fit Notes and advising them each time that I am still under the doctor.

 

Thank you. And is the part salary equivalent to a month's SSP or more than that? I'm not asking for a figure.

 

HB

Illegitimi non carborundum

 

 

 

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Thank you. And is the part salary equivalent to a month's SSP or more than that? I'm not asking for a figure.

 

HB

Thank you for replying. Payday is 21st of each month and it is paid 2 weeks in arrears. My pay this month is SSP of £357.17 and my full salary of £985.67. This is paid despite them knowing I am off work and not entitled to this pay. This has been the pattern since February and in March I received nothing at all as they had overpaid me so much. HR have known of this since January, I have taken it to a grievance and it is still happening.

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