Hi,
I am looking for some advice on the following. I have a friend who became wheelchair bound a few years ago due to cancer in his back. He has been off from work for 3 years now and have recently started back on part time hours working up to full time hours. He got full sick pay for the first year and then went onto unpaid sick leave. 2 years to the date that he went off sick (9 months ago) he started getting paid again, he assumed that it was his sick pay kicking back in again as his second year had been unpaid. He went back to work recently and the the compnay have now advised him that there was an error and they will reclaiming the 9 months pay back.

It is my understanding that they can only regain the money if they have his written consent, is this correct?

also, he did not believe it was an error so did not report it to the company and has been spending the money as normal so his situation has changed. Due to this i think they can’t claim it back. I am unsure if this is the case any advice would be greatly appreciated.

Thanks
valerie locke