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Docking maternity pay

Posted by Matt Henkes on Tue, 24/01/2012 - 12:57

Hello HRZone people, long time no speak... this is my first HR question for ages....

Hypothetically, if an employee were to have been significantly overpaid over several months due to an employer oversight... but didn't notice. Said employee, who was unable to immediately repay the money, agreed to a timetable of regular, manageable repayments based on a deduction of monthly salary.

Not a problem, right?

However, now the employee is about to go on maternity leave and take statutory pay... Now, the question is about this... I would be surprised if the employer were able to continue with the monthly docking... what with the pay being statutory and all that... but where does the employer stand legally, and where, probably more importantly in this hypothetical case, does the employee stand?

I look forward to the benefit of your HR wisdom.

Thank you

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