How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your UK Employment Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

I have now received a letter from the company that dismissed

This answer was rated:

Hi
For Ben Jones 
I have now received a letter from the company that dismissed me saying they are informing me that they are taking back an overpayment of company sick pay in my final pay
I do not want them to take this as I did not know about the overpayment and have spent the money where do I stand please
I also have evidence of emails from company to payroll trying to stop me accessing my payslips. Is that illegal as I have not been able to get a payslip for the past 6 months

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

Did they genuinely overpay you the amount in question?

Customer: replied 1 month ago.
they paid me sick pay when they told me as I was facing disciplinary they were going to withhold it
My contract says they can take it back during employment

Under law an employer has a legal duty to provide its employees with written pay statements at or before the time they get paid. If they fail to do this then they will be acting in breach of the Employment Rights Act 1996.

If no pay statements are issued, an employee may apply to an employment tribunal for a declaration if their employer fails to provide a fully itemised pay statement. The tribunal will determine what particulars should be provided in the statement. It can also award compensation if it finds that unnotified deductions have been made during the period of 13 weeks prior to the date of the application to the tribunal, whether or not the deductions were made in breach of the contract of employment. The compensation will not exceed the amount of the unnotified deductions.

So in essence you can pursue the employer for any deductions made by them from your pay for which no pay slip was issued. If the sick pay is the first time you are facing a deduction in the last 13 weeks, then you can only potentially challenge it if they do not issue you with a pay slip when they make your final payment.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - 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 reply on here and I will assist as best as I can. Thank you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Ben Jones and 2 other UK Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you

You are welcome