AIBU Deductions from pay in Probation Period

[IAmADancer]

I may be being unreasonable and this may be allowed but I started working for well known clothing brand in October. I’m on an 8 hour a week contract but am doing at least an extra 8-12 hours over time every week and have been given a key holder role (which is not something I applied for but am happy to do). I have also stepped in on quite a few occasions to help cover shifts when people have called in sick.
I received my payslip today and have seen they have deducted nearly £100 due to my being off sick. I had a sickness bug and couldn’t come in. I have also not been paid any of the OT I have done since I started in October.
My AIBU is are companies allowed to deduct money from your standard pay if you are absent through to illness?

YABU - the majority of companies won’t pay you if you are sick. Why would they pay you when you’re not there?

PS the overtime is another matter though. Speak to your manager and ask why you haven’t been paid for it.

It's not a deduction. They're just not paying you for your absence. That's normal. Why should they pay you for work you didn't do?

The overtime issue is separate and you will have to ask about that.

I have only ever worked in corporate companies in office based roles and have never had sick pay deducted. I didn’t know they could legally do that I thought everyone had a right to sick pay unless you are freelance or on a zero hours contract? Obviously I am wrong.

Most companies don't pay sick pay, especially not during probation.

The overtime is another matter, but have they maybe added the overtime and then subtracted your sick days so it doesn't look like you've been paid for it at all?

I don't understand why you wouldn't already have addressed the over time issue months ago. If there are discrepancies with pay it's your responsibility to follow up on a timely basis.

YABU to expect sick pay, YANBU to expect to have overtime paid by now.

The sickness is correct. You could have claimed SSP if you were off for long enough.
Why have you not queried the overtime previously?

I have only ever worked in corporate companies in office based roles and have never had sick pay deducted.

Then you're very lucky. Most companies pay nothing for the first three days and then after that it's SSP. It's very rare for retail companies to pay anything more than that.

@adaline no definitely not paid my OT as I checked with the manager and she said it looked as if it had been left off. I only missed one day with sickness, my OT far outweighs that

It's not a deduction.

The first 4 days of a period of sickness can be unpaid, after that you get SSP if your normal weekly earnings are high enough. Any more than that would be in your contract but if it's not there they don't have to.

@user3575796673 I only started the role in October so have had three paydays. Last month I assumed I had miscalculated and so was paid the right amount but this month it was very clear that it hadn’t been paid.

Outside of the public sector and big companies, no (or very little) sick pay seems to be the norm these days.

I think my confusion comes from the working on my payslip that says:
Sick Deduction

You have a right to statutory sick pay - as long as you meet the criteria. Which is earning over £119 a week, are employed, and are absent for more than 3 days. I don't know many retail roles you'd be paid for sickness absence.

Thanks all. As I say I have never worked in retail so was unsure.

I think my confusion comes from the working on my payslip that says:
Sick Deduction

That's normal. You'll be paid a salary if you have a set hours contact, then any sick days will be deducted from that on your payslip so you can see what you have and haven't been paid for.

And yes, on eight hours a week you won't be entitled to SSP.

You have two issues here:

You are owed overtime and, presuming this was all sent into payroll as per their process, this should be paid.

Second - you are entitled to SSP on the fourth day of absence. There is no law that states company have to pay company sick pay. Many don’t during the probationary period. Have you had your contract? Should all be in there.

Did you not check previous payslips?

Second - you are entitled to SSP on the fourth day of absence.

Only if you earn an average of £118 a week, which OP may not do if her contract is just 8 hours.

My previous office job they paid all days off sick, my current one only pays from the 4th day.

When I am off sick, as I am paid a salary it is deducted from my pay. Then any sick pay I am entitled to is added back on after. As has been said, for a one day absence SSP doesn’t apply.

Just to check though, does the £100 equate to how much you would have earned that day? Ie, are your 8 contracted hours on the same day, and are you paid the equivalent of about £12 an hour?

(If you’re not sure what your rate is, you can do this:
Monthly pay x 12 to give yearly figure
Yearly figure / 52 to give weekly figure
Weekly figure / days contracted per week to give daily amount
Or weekly figure / hours contracted per week to give hourly amount)

You had one day off and have been deducted £100? What are your contracted hours per day you work?