where will this end?

jazzys

I don't understand your remark about people just becoming a medical lawyer?

I didn't suggest he'd read a comic and became one, he has a masters degree in medical law. I just haven't spoken to him for some years so i didn't know.

And i'm only repeating what he told me. I have no idea of the ins and outs of the law.

i take it you have?

J

blckbrd

If I didn't get paid in January - when people are notoriously skint - I'd probably be going off sick with the stress of that alone!

Uncertain

jazzys wrote: »

Just spoke with her again and it comes to light that the reason it hasn't been paid is the sick note was put straight into her "case file" rather than handed to wages.
saying that, the wages dept is the personnel dept. So obviously someone in there is not doing something right.

She spoke to acas again this morning and they said to put a letter of grievance in to the employer. However, she wasn't too confident that the lady she spoke to was all that clued up on the correct course of action.

Personally i'd be knocking someones door off its hinges i think.



Jazzys

I'm not clear if they are saying that they deliberately decided not to pay her SSP and CSP for that week or if it was just an administrative mix up?

If it was the latter they should be able to correct this within a week or so at most. Most large firms have an interim payroll run half way through the month for corrections etc. They are potentially liable for any losses she suffered as a result (bank charges etc).

If they "decided" not to pay the the options in my previous post apply. Plus, even if the decision was justified (and I don't for one moment think it was) then she should have been told. Again, any losses resulting from this failure.......

Uncertain

jazzys wrote: »

I also spoke to a friend this morning, not knowing at the time but he turns out to be a medical lawyer these days. He suggested she could almost have a psychiatric injury claim.

Jazzys

I think his words "could almost" are the most relevant here. If they push this matter much further, have deliberately withheld pay etc etc then just maybe. In that case, if somebody is willing to give it a go on a true "no win no fee" then why not?

jazzys

At this stage i don't know whether they deliberately witheld them or whther it was an admin error. either way she hasn't had any wages, and i believe SSP is classed as wages, for over a month.

witholding wages is a serious matter but as i say, i'm not sure if it witheld or just overlooked

J

Uncertain

jazzys wrote: »

At this stage i don't know whether they deliberately witheld them or whther it was an admin error. either way she hasn't had any wages, and i believe SSP is classed as wages, for over a month.

witholding wages is a serious matter but as i say, i'm not sure if it witheld or just overlooked

J

Well she certainly needs to force this particular issue ASAP so that she knows one way or the other (and indeed get the money if it was a mix up).

Either way, if she has genuinely suffered a loss as a result of not being paid (or not being told that she wouldn't be paid) then she needs to make them aware of this. If it is just a few weeks 0.1% interest in a current account on a couple of hundred quid then it is not worth making an issue about.

tigtag02

jazzys wrote: »

At this stage i don't know whether they deliberately witheld them or whther it was an admin error. either way she hasn't had any wages, and i believe SSP is classed as wages, for over a month.

witholding wages is a serious matter but as i say, i'm not sure if it witheld or just overlooked

J

If the SSP has not been paid in error then its quite likely that the same goes for the CSP - however, as I have stated before CSP can be witheld at the discrestion of the manager (despite Uncertains advice to the contrary).

Can you speak to the payroll dept or manager or even HR on her behalf to find out exactly whats going on?

Certainly for the SSP (unless they are going down the HMRC route Zazen mentioned) I would be 'demanding' payment asap.

Uncertain

tigtag02 wrote: »

If the SSP has not been paid in error then its quite likely that the same goes for the CSP - however, as I have stated before CSP can be witheld at the discrestion of the manager (despite Uncertains advice to the contrary).

You keep going on about this point and seem to believe that what you have experienced in some employment contracts / handbooks is universal. Well, I can assure you it is not.

Your contract / handbook may well have a clause to this effect. My most recent contracts with a couple of large institutions most certainly did not.

I don't know if this lady's supermarket have something to this effect or not. Do you, or do you just assume what you have experienced must apply to all?

Either way, let's say they do have a line to the effect of "despite what your doctor may say, our HR department will decide if you are really ill and are going to get CSP or not". You must surely understand that to have any chance of this standing up to challenge this would have to be applied in a fair, equitable and accountable way?

Given the information we have been told in this thread I cannot see that they have any evidence that could justify such a decision.

tigtag02

Uncertain wrote: »

You keep going on about this point and seem to believe that what you have experienced in some employment contracts / handbooks is universal. Well, I can assure you it is not.

Your contract / handbook may well have a clause to this effect. My most recent contracts with a couple of large institutions most certainly did not.

I don't know if this lady's supermarket have something to this effect or not. Do you, or do you just assume what you have experienced must apply to all?

Either way, let's say they do have a line to the effect of "despite what your doctor may say, our HR department will decide if you are really ill and are going to get CSP or not". You must surely understand that to have any chance of this standing up to challenge this would have to be applied in a fair, equitable and accountable way?

Given the information we have been told in this thread I cannot see that they have any evidence that could justify such a decision.

MANAGER'S discretion :rolleyes:

Read the rest of the thread - I'm not alone in this opinion.

Just out of interest - do you work in the HR or payroll field?

Uncertain

tigtag02 wrote: »

MANAGER'S discretion :rolleyes:

Read the rest of the thread - I'm not alone in this opinion.

Just out of interest - do you work in the HR or payroll field?

Just noticed your location under your join date on the left

CLOUD 9

Yep, agree with you on that one :T