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Original poster

DH has been off sick for a long time

17 replies

TustedFormula · 17/04/2021 10:03

He's had a catalogue of operations and treatments, starting from June 2020 and it's now clear he's not going to make it.

During all this time he's been off sick and receiving full pay. His contractual entitlement is for 4 months which is long gone. He's been in regular contact with his boss and the HR manager, who have kept saying don't worry about it, take as long as you need which is lovely. However, I'm not convinced they have the authority to make these decisions. He works for a very large multinational in a small team that seems to run as a small business most of the time. Whilst the HR manager does have that title, I suspect she's a processor rather than a HR professional IYSWIM and previously, when DH made a flexible working application his boss wasn't able to make the decision, it had to go to HO.

DH's palliative care consultant has now written to the company (at DH's request) advising there is little likelihood of a return and the local people have clearly received it, but there's been no official acknowledgement. He's just had another month's pay as usual. He's never provided or been asked for a sickness certificate for any of this absence and they haven't done an OH referral at any point.

We're talking tens of thousands of pounds if they decide/realise they've over paid him and want it back.

I feel like we should save it just incase, but if it is his, spending it can improve his last months immeasurably and would mean I don't have to work so hard at my job to keep a roof etc.

Does anyone have any experience of what might happen or what we should do?

OP posts:

ThumbWitchesAbroad · 17/04/2021 10:11

Oh goodness, I'm so sorry you're in this position.
I have no advice to offer except that they'd be bloody heartless to try and recoup the money in the eventual circumstances of your husband's demise.

If the company themselves won't talk to you about it, for whatever reason, you probably need to see a solicitor just to check what the position is likely to be. Does he have any life insurance that will pay out? If so, then that would mean you would at least have some money to pay back his wages if it does come to that.

So sad that you're having to think about this

Candleabra · 17/04/2021 10:15

Extensions of sick pay beyond the statutory term can be made with the right level of approval in most companies in exceptional circumstances, which this is.
But without knowing the company or policies it's hard to know.
If your husband has been in regular contact with his boss and HR Manager I'm sure that everything is above board. Can you ask the question directly if it is worrying you that much?
I'm incredibly sorry about your husband's prognosis and it sounds like the company are doing everything they can to make things a little easier in these difficult time. I certainly hope this is the case anyway.

idontlikealdi · 17/04/2021 10:22

They can't ask for it back!

What they need to do is unlike net a plan going forward. Does he have critical illness cover through work? What is in his contract re sickness pay? Eg I know in mine I have a year at full pay before critical illness cover kicks in which is 2/3 salary.

I'm very sorry for what you are facing but they definitely can't ask for it back.

Original poster

TustedFormula · 17/04/2021 10:35

They absolutely can ask for it back, just like they could any other overpayment. Whether they would in such circumstances is another thing, but the law is on their side if it's been paid in error.

OP posts:

ineedaholidaynow · 17/04/2021 10:37

They can ask for it back if paid in error.

bunglebee · 17/04/2021 10:41

I'm so sorry for what you've been going through.

I would contact his work and request clarification re: the pay, but my working hypothesis would be that they have made a decision to extend his full pay for the duration of his life, as this is an exceptional circumstance and it would be cruel to cut him off and leave him in financial difficulties in his last few months of life. I've known large companies do this before; it's a different circumstance than someone who is too unwell to do a job but in no danger of death.

I hope you are able to confirm that it is not an error.

notapizzaeater · 17/04/2021 10:42

My DH had well over and above his sick allowance with a terminal illness. I'd send in a sick note regardless to make sure he's protected.

Newnamefor2021 · 17/04/2021 10:47

A lot of businesses have clauses for exceptional circumstances. A friend had no insurance, pension, cover etc snd was under two years at his company but they paid out a terminal illness payment kind of payment. Think he got £60k.

Candleabra · 17/04/2021 10:47

@TustedFormula

They absolutely can ask for it back, just like they could any other overpayment. Whether they would in such circumstances is another thing, but the law is on their side if it's been paid in error.

Well they could in theory claw it back, I can't see how it can have been paid in error. Your DH has been in contact with boss and HR lead so they will have had to authorise someone to override the system to keep paying a full salary. The default will be to cut off after the 4 months recorded sick leave, and drop to half pay (or whatever the policy is). It would be a terrible administrative error if they'd got this wrong. If the company have been understanding then it's highly likely the exceptional circumstances allowed in the policy have been used. But it depends on so many things we don't know, so I really would ask the question then at least you'll know one way or the other.

PurpleMustang · 17/04/2021 10:50

So sorry for your situation. In the event of his death is there a death in service benefit from his company, that if they so happened to decide to try to claim it back would cover the 'error'? Personally I would spend it now and deal with it later.

Original poster

TustedFormula · 17/04/2021 10:51

He has asked the question and been told not to worry, but with no definitive answer regarding what the position actually is and nothing in writing.

It could well be that they've decided to extend it, but they've never said that.

Where I work, it's true, someone would have had to override the system to have you paid beyond your contractual entitlement, but it seems like it works the other way here, in that someone would have to "tell" the system to stop pay. The fact that he's never been asked for certificates makes me wonder if HO even know he's off sick. Record keeping in this "small business" has always been a bit slapdash.

OP posts:

Original poster

TustedFormula · 17/04/2021 10:54

No we don't have any death benefits coming. We always took the view that we didn't need them because we're each perfectly capable of supporting ourselves. Which is true, but not (or at least less comfortably) if I also have a large debt to pay back.

We don't "need" to spend his salary to live, but it could add to his last few months if we do, not least by enabling me to take some time off to be with him.

OP posts:

Firsttimegreyhoundmum · 17/04/2021 11:19

If the company do try to claim it Bach, I think it may be possible to defend a claim under the principal of estoppel. I have previously worked in a department that pursue payment of salary over payments and I have seen that defence work several times, without any court action.

I would not question it any further at present and engage a solicitor if a claim does arise. Putting aside any money you can would seem sensible.

Sorry you are going through this.

Babyroobs · 17/04/2021 11:20

I work with people with cancer and help people to claim benefits related to their illness. Many many employers continue to pay full pay like this, it is not unusual and I also see so many employers who treat people badly that it really is heartwarming to see.
Your dh would most likely be able to claim PIP, maybe under special rules if prognosis is short. I would look into this, it would be a significant amount each week and if you don't work you could claim carers allowance once the PIP is awarded. This could give you a bit of a buffer in case you did need to pay any back but I highly doubt it will come to that. PIP is non means tested so it doesn't matter what other income or savings you have.

Original poster

TustedFormula · 17/04/2021 11:22

Yes, he's made PIP application under the special rules. Waiting for a response, which is now well outside their own timeframe, so it's just as well we don't desperately need it!.

I don't want to save the money for my benefit after he's gone if he can legitimately enjoy it now.

OP posts:

Kitkat151 · 17/04/2021 11:58

Really sorry for what’s happening with your partner....does he have a death is service benefit? I am NHS and my partner would get 70k if I died whilst employed.....and I’m only a band 6 ....so this payment would likely cover any overpayment.

Babyroobs · 17/04/2021 12:55

@TustedFormula

Yes, he's made PIP application under the special rules. Waiting for a response, which is now well outside their own timeframe, so it's just as well we don't desperately need it!.

I don't want to save the money for my benefit after he's gone if he can legitimately enjoy it now.

That's good I would chase up the PIP if it's gone past 2-3 weeks since applying and sending in the Ds1500 report.

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