Sickness Pay Entitlement

[cris r]

Hi can anyone shed light. My sisters husband has been on a eighteen month contract with a well know company. After working there for eight months he became unwell with chest pains ( he is 68 )he went Doctor/ hospital . He was off work for a week in September.

He went back but after two weeks was off again same problem he was put on statins and signed off work ( with sick note ) with stress related problems. The company paid him full pay untill October then went on statutory sick pay for November. He phoned the company to keep them updated.
They told him due to financial problem they were making him redundant. He was not duly upset about this.

After the phone call He recieved an email saying he would be on gardening leave for his months notice. His boss did say at the time that  unfortunately he has been over paid sick pay during the month of September. He assumed it was the initial week he took off in September which took him over the six weeks company sick pay. 
However today he has recieved an email from HR saying they want it all back. Obviously they made a mistake and are now trying to claim it back. All upsetting for my sister and husband 
 

[Redhelen72]

It would depend on what is written in his contract.

Some companies don't pay for the first 7 days then stat sick pay kicks in

[bednobs]

is he a contractor (thru an agency)?  if so company sick pay wont apply.  Mind you, neither will redundancy, so i have answered my own question!

[bednobs]

in any case, isnt he better discussing it with HR, who'll be able to give him an explanation?

[Maydup]

If he was on an eighteen month contract you'd need to read that contract to clarify his sick pay entitlement. Shame they have made so many errors - that's not good. 

[Canary42]

Call their bluff - they won't take him to Court.

[cris r]

Thanks for the reply's im passing them on. He is having trouble getting in touch with HR by phone. So he has sent many emails  to various people. Asking what is going on. Just seems very strange to have left it three months before they are taking action. Also I believe they sent an email informing him he would be getting Statuary sick pay this month even though he did not apply for a sick note as his boss sent an email saying he had put him on garden leave. None of it makes sense. It seems HR still think he is on the payroll as they want to make arrangements to deduct the money from his wages.  

[newmodarmy]

If they are paying sick pay he will still be on their payroll.  In some ways they have been quite understanding- they could have just said he was no longer needed.