Employer withholding pay

[Confuzzled18]

Hello, I'm after a bit of advise regarding my employer withholding my pay.

My monthly pay runs from the 1st to the end of each month. I get paid on the 15th which means I get two weeks in advance.

I am in my second year of employment and contractually entitled to two month's sickness at full salary plus SSP.

I have been signed off work since the 20th February and return to work on Monday 18th March. I have had no other sickness period.

My payslip has come through and I have been docked nearly £400. My payslip is not very clear however it does say I have been allocated £118.18 SSP. My manager has spoken to HR who have said that, since they did not know when I was coming back (not true), they have withheld the two weeks advanced payment. They said that the withheld money will be 'given back' in next month's pay.

Can they do this?

There is nothing in my contract or our sickness policy saying they do and I have colleagues who have not experienced this before.

I've been advised that, on occasion, they can correct this however I will need to appeal to one of the members of our senior leadership team when I'm back in the office on Monday.

This doesn't seem right to me but since I've rarely taken sick days in my career I don't really know. Could someone please advise or possibly point me in the right direction of where I could get some help?

Thanks

[ULA]

Firstly can you confirm that your contract really states you get full pay plus SSP, normally if a company pays full pay for a period of time during sickness absence it will include any qualifying SSP payment i.e. the company makes up the difference between SSP and full pay.

In answer to your main question if there is nothing in either your contract of employment or the sickness policy in regard to the company being able to deduct the "advance payment portion" of your salary during sickness absence if your return is unknow or has not happened then in my view this is an unlawful deduction of wages.

I suggest that you contact HR and ask them to rectify the situation as soon as possible.