SSP deducted from final wage

[Pollyy]

Hi can anyone advise me if an employer is allowed to deduct all the SSP from my final wage. I was off with work related stress for 7 weeks on statutory sick pay on my return I was suspended and dismissed (it's a long story and an appeal is in process) my wage slip has just arrived and shows they have deducted £840 sick pay, I'm at a loss to see how this is ok? I don't think I even had that amount in ssp in the 7 weeks.

[beaconsman]

Hi there, I have been off for a year nearly, due to a non fault RTA. I don't think that can do that as SSP is that, "statutory". The company will claim it back anyway, so I'm led to believe. I am visiting Hull Uni as thinking of just packing it in anyway and returning to uni as a mature student. Law looks good atm..
Sorry I cant give an accurate answer.

[Pollyy]

No problem I appreciate your time to read and reply, I'm quite sure they can't but they have. Yes law does look good....really wish I was clued up. ☺ good luck if you do choose to study.....come back and help us all out

[beaconsman]

Fighting dastardly DCA's I'm quite adept at now..

from .gov.uk
Help with sick pay

Reclaiming Statutory Sick Pay

You can’t reclaim Statutory Sick Pay (SSP) for sick leave any more.

So I assume, they have made a mistake. Your HR Dept may be your best bet. My company didn't know the rules either for SSP so I had to tell them...i had a copy of my contract and quoted it in full within a disparaging email...

[Pollyy]

Oh thank you for that, I am at the end of my tether with this company. I believe they have breached 8 of 10 of the acas code of disciplinary and now this. I'm amazed at what they have done and got wrong with regards to the acas code of disciplinary.

[ploddertom]

The company will claim it back anyway, so I'm led to believe.

Not any more they can't, they have to stand the cost themselves.

More @ https://www.gov.uk/statutory-sick-pay

[ULA]

Statutory Sick Pay (SSP) is a statutory payment available for eligible employees who are unable to work due to sickness. So long as you are eligible for the payment (there are criteria to be met to qualify) then you are legally entitled to receive SSP.

I presume that the company only pays SSP for any absence?

In regard to the amount that is being deducted the current rate of SSP is £92.05 per week.

I would suggest that you ask the company in writing to explain the deductions that have been made to see what explanation they provide.

There is potentially an issue with unlawful deductions from salary so in the meantime it would be useful to know whether there is a clause in your contract regarding overpayments, overtaken holiday, outstanding training costs and any other monies owing to the company being deducted from final salary on termination of employment.

[Pollyy]

Thanks Ula i have emailed them and they have replied but i am absolutely none the wiser with their explanation and am at breaking point now which is probably what they want. Is there any body here that is clued up on wage slips as i can not make head nor tail of it. They also have me on tax code 535l when after checking with HMRC i should be on 1185l so i have no idea why they have done that.

[ULA]

Happy for you to send it over to me. Please redact and send via PM as it is sensitive information and this is a public forum.

[Pollyy]

thanks Ula i will do that now

[ULA]

Thank you for the information.

On your tax code employers are required to operate a Real Time Information (RTI) system with HMRC which means they have to electronically submit their payroll data. This helps to monitor a number of things but one of these is that an employee is paying the correct amount of tax. Nearly everyone in the UK is entitled to a tax-free personal allowance, which means that a certain amount of your earnings each year are paid to you without being taxed. If your tax code is 1185L, it means your tax allowance is £11,850 which is the current full entitlement. The tax code on your payslip would indicate that you are on a lower personal allowance. Your employer should have been notified by HMRC of the correct tax code to use. Have you checked past payslips to see how long you have been on this code – is it since the start of the new tax year in April?

Your payslip is saying you have been paid for a part month – I presume you were dismissed part way through June. Then it looks like you have been paid holiday pay which must have been accrued pro-rata but not taken up to your leaving date. You just need to check the units which I presume are days are correct i.e. 6 and 4 days respectively.

They have then paid some Sick Pay but not stipulated that it is SSP. So how many days were you off in June on sick leave. The current weekly rate of SSP is £92.05.

You have then been given a tax refund.

Then as you say there has been a deduction for sick pay of 13 units. What was the explanation they have given you? Happy for you to post up their explanation to see if I can make any sense of it.

[Pollyy]

Hi Ula,

I have been off sick since the 09/04/18 right up to and including the 31/5/18 I was suspended on the 1st of June and dismissed on the 8th of june (6 days/units) and 4 days accrued holiday is about right. The explanation for the deductions was in my DM which isn't really an explanantion as to why they have deducted 13 days from me.

[ULA]

I would suggest that if the company has not confirmed in writing as part of the outcome of the disciplinary meeting the reasons for the deduction you write to them and ask for an explanation.