Sick Pay Query

kaz2721

Hi

I have been off work since Tuesday 27th January with a viral infection, I have visited the doctor twice and found out today that I have only been paid for the Monday 26th Jan that I worked. I work part-time (Mon, Tues & Wed) 24 hours each week. On the very few occasions that I have been off sick before I have been paid in full for it. But the original company directors are now on holiday for 6 months and their two sons have taken over the day to day running of the business.

We had a young girl start in the office 4 months ago and in her first two weeks of employment she was off sick .... and she was paid in full! :eek: I have been working for this company since 2003! Does this count towards discrimination??

Is sick pay at managements discretion as to who gets it or as I have had it previously are they within their rights to not pay it this time? This is the longest I have had sick off work with the exception of having my gall bladder removed in Feb 2005 (2 weeks off recovery).

I will be going back to work on Monday 9th Feb armed with a sick note covering all of my absence. Any advice would be greatly appreciated :mad:

Emmzi

what does your contract say

did you hand in a sick note

did you get SSP

kaz2721

I had a silly 3 month trial contract when I first went back to work after having my children and it doesn't say anything about sick pay. I will be handing over the sick note from the doctors on Monday when I go back. And no I didn't get SSP.

Emmzi

hard to know then, unless you have your T&Cs in writing. I would certainly request this now so you have it for the future.

with doctors line you should certainly get SSP, even if not full pay - might ask them how they intend to progress this for you?

sick pay is not at managers discretion, has to be same for all (or all at same grade iyswim) but it might be eg full pay for first 10 days, then ssp... without contract, you just don't know..

maybe the children of the proper owners are a bit clueless at HR. I dont think in a small firm I would go in all gns blazing. I'd go for more enquiring, can you explain why, I don't understand and I thought that...

Write everything down that they say, then post back?

kaz2721

Many thanks for your advice Emmzi .... roll on Monday morning! They've made me so mad .... I bent over backwards for this company, taken calls on my days off from other office staff who can't locate things and even logged into my work emails from home to send them a standard letter! They seem to forget all of these things though! Don't worry I won't be going in all guns blazing! Will keep you posted ...

cazziebo

Just to clarify, sick pay can be discretionary if this is allowed in the employment Ts and Cs. If your contract says you will be paid then you must be. If it says that normally sick pay will not be paid then it can be paid at employer's discretion. The contract may also say that company sick pay may be paid at company's discretion.

However, payment cannot be discriminatory ie not paid to certain categories of employee.

SandC

kaz, it could be something as simple as you not having sent in your doctors note while you were off. Most companies expect to receive these as soon as possible after you are first absent. To them, and especially in the absence of the directors, you have given them no proof that you are ill but are not at work. Whatever the procedure was before, they may be working to the book as they know it from their own experience.

kaz2721

cazziebo wrote: »

However, payment cannot be discriminatory ie not paid to certain categories of employee.

Hi Cazziebo With regards to the above comment they took on an office girl 4 months ago and she was sick within her first two weeks of employment and she got paid in full & has been off at various times since and still paid in full. (I know this because she has told me and I've also seen the timesheet file, which is in our office!) I am office staff too so surely we are of the same catergory? The only difference is she a leggy size 8 blonde who's about to turn 21!! Like I've said I've been paid in full in Dec last year when I had a very bad cough and was off for 2 days ... and nothing this time.

SandC

I'm sure it's because you've been off for more than a week without producing a sick note. They may well backpay you when you give them the note on Monday if you explain that is how it was always done in the past.

cazziebo

kaz2721 wrote: »

Hi Cazziebo With regards to the above comment they took on an office girl 4 months ago and she was sick within her first two weeks of employment and she got paid in full & has been off at various times since and still paid in full. (I know this because she has told me and I've also seen the timesheet file, which is in our office!) I am office staff too so surely we are of the same catergory? The only difference is she a leggy size 8 blonde who's about to turn 21!! Like I've said I've been paid in full in Dec last year when I had a very bad cough and was off for 2 days ... and nothing this time.

Hmm- don't think discriminating in favour of slim leggy blondes is actually illegal..

Seriously - SandC may be right and it's because the documentation isn't in place. However, if the scheme you have in place is discretionary then I'm afraid it is a management decision - and yes, could be perceived to be unfair. If you are both of the same category, then it's not discrimination. If it was male workers always getting sick pay, and females didn't, or muslims did and christians didn't, full timers did, part timers didn't then that's discrimination.

kaz2721

cazziebo wrote: »

Hmm- don't think discriminating in favour of slim leggy blondes is actually illegal..

Seriously - SandC may be right and it's because the documentation isn't in place. However, if the scheme you have in place is discretionary then I'm afraid it is a management decision - and yes, could be perceived to be unfair. If you are both of the same category, then it's not discrimination. If it was male workers always getting sick pay, and females didn't, or muslims did and christians didn't, full timers did, part timers didn't then that's discrimination.

I work part-time (24 hours) and she works full-time (39 hours)!

I've never had to provide documentation before when I've been off .... but I will be this time.