Deducting SSP from holiday pay?

[JRH]

Hi all,

I went sick from work last September (mental health).

I was in receipt of SSP until February this year, when I got terminated.

No outstanding holiday pay was paid (10 days owed, £900).

I gave my former employer a "gentle prod". I finally received my money, but with a large chunk deducted as they said they had to deduct SSP already paid to me.

Can they do this? Or are they just trying it on?

Thanks

[ULA]

My immediate view is not they cannot do this. Employers are required to pay SSP in the same way as they are required to pay accrued but untaken holiday pay on termination.

Given what you were owed in holiday pay your SSP payments for 28 weeks would have been more than £900. So i am struggling to understand, if you follow your ex-employer's reason through, why they did not say you are not owed anything at all of the holiday pay if they genuinely wanted to cover the SSP payments.

[JRH]

A better outline of what has gone on:

I was terminated, and paid my SSP up to the date I was terminated.

After termination, and being paid, I raised the question about outstanding holiday pay.

They paid me 10 days (£900) but for some reason they chose to deduct the last months worth of SSP, even though I still had a valid fit note.

I'm sure that would constitute an unlawful deduction would it not?

Thanks,

James

[ULA]

What date did you go off sick and what date was your employment terminated? Just wondering if they overpaid on the SSP and that is what they were recovering?