Employment law advice please

[Phillvr6]

Chaps,
The girlfriends dad has worked as a contractor for the Post office for the past 18months or so, he spent the first 16months or so as an agency worker.

A few weeks after having been taken on as a permenant employee he was signed off due to a back injury sustained whilst working.

When he went off sick he was told not to bother with the state benefit sick pay as he was entitled to sick pay from the post office. He questioned this as he had only been cards in for a matter of weeks and was told he was deffinately entitled to sick pay.

He spent 3 1/2 weeks of work and was paid sick pay during this period.

The Post Office now say they were mistaken and he is not entitled to the money they paid him as he has not been cards in for 12 months. He was told to fill in some forms to see whether he would be able to pay the money back in instalements. This has now been declined and they have taken the money from him in one go, which has not done him any favours due to the time of year etc.

Apologies for the long and poorly spelled post but all advice would be appreciated.

Thanks,

Phill

[YarisSi]

I would say from what I know that he would have a good claim to the money. He asked them if they were sure he would be able to claim the sick money and relied on that. So did everything above board. I'll have a look in my books.

[2 Smokin Barrels]

I'd imagine his union rep would be a good place to start. This stuation probably won't have a "right or wrong" answer, but will be settled by mutual agreement. If he was injured at work I'd say they'd got a moral right to look after him. I'd also imagine it would be in the employer's interest, so as not to spark a claim.

[Phillvr6]

Thanks, thats pretty much what I thought. His union reps on holiday at the moment but thats going to be his next port of call.

Thanks,


Phill

[Tango2]

Legally an employer is not allowed to remove money from your bank account - assuming that the payments have been made by BACS. If someone has been paid in error, the employer has to request that the employee pays back the money. I'd get onto the CAB/legal advice asap, as the PO have seriously been very naughty!!

[Phillvr6]

Thanks for that, advice has been forwarded.

Phill

[cosmoschick]

Phillvr6 said:

The Post Office now say they were mistaken and he is not entitled to the money they paid him as he has not been cards in for 12 months.

It's not clear cut but this could be a case of Mistake of Law where the Defendant argues that they never knew of the law! The courts, however, do not look favourably upon this. If the employee received confirmation in writing beforehand that he was entitled to sick pay, then the employer may have to honour the payment.

It is certainly illegal for the employer to take any money direct from an employee's bank account.

Do get in contact with the CAB - they have advisers who specialise in employment law.

[walking hormone]

it might be worth looking into IR35 legislation as although he worked through an agency the post office may fall foul of the employee tests meaning that he actually started 16 months ago.

wh