Claimant v Sandwell and West Birmingham Hospitals NHS Trust
Outcome
Individual claims
The claimant was contractually entitled to one month full pay and two months half pay in his first year. He had previous sickness absence in October/November 2022, exhausting his full pay entitlement. The deduction in March 2023 was lawful under section 14 ERA as reimbursement for overpayment of wages in January and February 2023, when he was incorrectly paid full pay instead of half pay. The claimant had not applied for or been approved for Injury Allowance.
Facts
The claimant was employed by the NHS Trust from September 2022. He had sickness absence in October/November 2022, exhausting his first month's full pay entitlement. When he went off sick again on 31 January 2023 for work-related stress, his line manager mistakenly ticked a 'work related' box in the system, causing him to be paid full pay in January and February 2023. The error was corrected in March 2023, resulting in a deduction of £880.95 to recover part of the overpayment.
Decision
The tribunal dismissed the unlawful deduction claim. The claimant was contractually entitled only to half pay given his previous sickness absence within the preceding 12 months. He had not applied for or been approved for Injury Allowance. The deduction was lawful under section 14 ERA as reimbursement for overpayment, and alternatively was authorised by the contract which permitted deductions for salary overpayment.
Practical note
Employers can lawfully recover overpaid sick pay even where the overpayment resulted from the employer's own administrative error, under section 14 ERA or express contractual terms.
Legal authorities cited
Statutes
Case details
- Case number
- 1305160/2023
- Decision date
- 5 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 5 months
Claimant representation
- Represented
- No