SSP being withheld - Legal?

[Pixie2017]

I'll keep this short and sweet. 

 

I have been employed by a large company for 4 months, I was put on 6 month probationary which is standard. Within my first month I was put onto a year training course and signed a document that stated if I leave within two years I will have to pay back the course fees, at the time I didn't think much of it, I planned on building a career with the company. 

 

Fast forward a few weeks and I was signed off for 3 weeks with depression, I got sick notes from the doctors and sent pictures to my manager. I asked if I could go back to work as I felt fine and my manager said no, unless I had a fit note. My doctor said I did not need a fit note, as stated on the sick note, he even said my manager could call him and he would verbally confirm that I was able to go back to work. 

 

I passed this information on and she insinuated that I was lying in terms of my doctor giving permission for her to call him, he under no circumstances was going to discuss my health with her, he was only going to verbally confirm my right to go back to work (I have a voice message from the doctor giving permission) She told me my pay was suspended as I hadnt provided the original copies of my sick notes, the first week she was happy for this to be sent via text but then changed her mind this morning, she needed the originals with payday being on Friday. 

She asked me to go in today for a formal meeting, I agreed and said 1:30pm as it was a time to suit us both, I then missed a call from her, she left a message asking me to go in on Monday for my return to work and probationary meeting, but she will still not release my SSP as I am in breech of the learning agreement and I owe the company money. 

 

Are they legally allowed to not pay SSP? 

I am in the process of writing a letter to HR to question the learner agreement within my probationary period and if this is legal. 

 

Any advice would be a big help!

 

Thank you!

[Emmzzi]

have you given them original fit notes yet?

[Pixie2017]

I was meant to go and hand them in today but she told me not too, to take everything on Monday so they are being posted signed for to arrive on Friday. 

[Emmzzi]

so, you do need to follow their procedure. 

 

My understanding is you do get SSP - see here

 

https://www.gov.uk/statutory-sick-pay/eligibility

 

However, if you are leaving and you owe them for training per the contract you signed - they could offset against the fees. Technically there's a load of stuff around minimum wage and the way they get the money back. 

 

Are you quitting/ being dismissed? I am confused about why the fees have come due otherwise.

[Pixie2017]

They have changed the procedure part way through. It has gone from the sick notes being accepted as a picture via text to them suddenly needing the originals. 

 

The fees are for a learners agreement, but my understanding of what ive learnt so far is that they are not allowed to withhold ssp, any monies owed need to be recouperated after the ssp has been paid. Although employers cannot claim it back from the goverment they are still elgally obliged to pay it. 

 

This is why ive asked, just to clarify what ive learnt along the way. 

 

They are dismissing me as I have been off with depression during my probabtionary period. 

[Emmzzi]

Ah, sorry to hear that. I hope you feel better soon.

 

Technically they should pay you SSP and then go after you (in court  unless you reach an agreement) for the learning fees. However check the learning agreement carefully to see what it says about dismissal. Sometimes that is a specific exemption. Sometimes not. I am wondering if it is actually an apprenticeship, as it was a surprise, and over a year?

 

The reality may be that they are coming after that money one way or the other; and there is no way to force them to fork out now, without court.

 

But, do ask for a breakdown of what they say they are due. Sometimes it's a bit dodgey...

[ericsbrother]

so what training course did you go on that has warranted them to spend money on it?

Where was the course, internal or at a college where they have to pay fees?

can they claim the fees bac from the collegek as you werent there long enough to attend?

The idea of the condition in your contract is to mitigate the course fees not to profit from you if you leave befor 2 years. they sacked you so does that mean you can no longer attend the course (if external)