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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 47639
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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For ben im currently of sick with stree and depression and

Customer Question

for ben jones hi im currently of sick with stree and depression and have been for over six months and am now only getting ssp. i have worked for the company for 11 years. my question is when we are of sick they deduct 45mins per day for lunch break which means i am 45 mins per day short of my contracted hours this they take out of my ssp are they allowed to do this regards chris
Submitted: 9 months ago.
Category: UK Employment Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

Do you mean that you are getting the 45 mins deducted from the £88 SSP you are entitled to every week?

Customer: replied 9 months ago.
no i work a no more than three days in a row then i get at least 2 days of i may then be in for another 2 days then another 2 of so last months pay of £206.39 ssp i only received £99.02 then by the time they had deducted tax,pension,union, staff association fees i was left with £71.67 regards ***** ***** my basic pay for 4 weeks this pay day should have been 128 hours i was actually rostered in for 6 days (there would have been holiday involved had i been there) so they deducted me 6 hours at £16.77 = £107.33 i find it totally wrong that they shoul do this next month its going to be even worse because of the nos of days i am due to work regards chris
Expert:  Ben Jones replied 9 months ago.

SSP is a set amount of sic pay which you must receive if you are off sick. It is defined by the Government not by the employer. Whilst deductions can be made from it, that should only cover deductions which are required and authorised under contract or to which the employee has agreed.

I do not see why your employer should be deducting the 45 min breaks from your SSP – not unless they have already paid you for that time, you have not been there to work it and they are now clawing it back. If they have not paid you for it separately, for example through your salary in advance, then they should not be deducting it from your SSP

Also it is not advisable to make such deductions, even if authorised, from SSP, as this could breach the implied duty of trust and confidence which exists between the employer and employee, if an employee is receiving little or no money while sick. Employers should wait to make the deductions until the employee returns to full pay or, if they leave employment, from their final salary payment.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 9 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 9 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.