Sick pay help required...

uber_shnuber

Hi all. I'm posting on here on the chance that someone may be able to give me some advice or know my rights on my current situation.

I was working in a pub for over a year when I decided to take 3 months unpaid leave go abroad to do some charity work. My manager said this was fine and that my job would be waiting for me. Upon my return, I was all set to do my first shift back when I became very ill. Whilst away I had contracted Paratyphiod which became symptomatic a few days before I was set to restart work. Environmental Health then contacted me informing me that I am not able to go back to work until I get the all clear (at least four months).

My contract says that I'm entitled to one months sick pay at 80% of my average pay. However the company bosses have said that since I've been on unpaid leave, I'm automatically take off the system after a certain number of weeks and thus my going back is a separate period of employment and therefore I'm not due the employer sick pay, as I have to have worked there for 1 year.

So, after finding this out I assumed that I would qualify for SSC, however they have just sent me a form stating that I don't qualify due to not earning enough in the weeks before I became sick.

So now I'm stuck unable to work for around 4 months (until I get the all clear) and with no income at all! Fortunately my manager is very much on my side and is still in the process of trying to help.

Any help would be hugely appreciated.

Googlewhacker

uber_shnuber wrote: »

Hi all. I'm posting on here on the chance that someone may be able to give me some advice or know my rights on my current situation.

I was working in a pub for over a year when I decided to take 3 months unpaid leave go abroad to do some charity work. My manager said this was fine and that my job would be waiting for me. Upon my return, I was all set to do my first shift back when I became very ill. Whilst away I had contracted Paratyphiod which became symptomatic a few days before I was set to restart work. Environmental Health then contacted me informing me that I am not able to go back to work until I get the all clear (at least four months).

My contract says that I'm entitled to one months sick pay at 80% of my average pay. However the company bosses have said that since I've been on unpaid leave, I'm automatically take off the system after a certain number of weeks and thus my going back is a separate period of employment and therefore I'm not due the employer sick pay, as I have to have worked there for 1 year.

So, after finding this out I assumed that I would qualify for SSC, however they have just sent me a form stating that I don't qualify due to not earning enough in the weeks before I became sick.

So now I'm stuck unable to work for around 4 months (until I get the all clear) and with no income at all! Fortunately my manager is very much on my side and is still in the process of trying to help.

Any help would be hugely appreciated.

Average pay as in what? Average pay in the last month, three months, year? If it is the former two then I would have thought you could be struggling.

Does your manager agree that you were still in employment during these three months or that you handed your notice in and he said he would rehire you after the three months?

Would your manager be willing to say that you were still employed but just on 0 hours? If not and you have nothing in writing again you could be stuffed.

It may be worth giving ACAS a call

paulwf

OP I'm not an expert on SSC but the official overview is here:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_175843

That source states that for continuous employment you only get SSP if you were paid an average of over £97, and the average is calculated over the last 8 weeks. If you weren't given a P45 chances are you are still contracted to them.

However, your company is saying your contract was terminated then you were rehired. The above source isn't that clear, it just says contact your employer if you've just started work.

This link however gives details on the HMRC helpline which will let you know where you stand as a new employee:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_178466

Now here's where it gets complex:

http://docs.google.com/viewer?a=v&q=cache:hNmHnw-7l_IJ:www.hmrc.gov.uk/helpsheets/e14.pdf+statutory+sick+pay+new+job&hl=en&gl=uk&pid=bl&srcid=ADGEESj8yF_uzmZ-sFujGZ6_SRPOwWjv1pIvLCl-5tu5CmfF-TAGw02LHV7RaRy5O4s_HnRo7-nYyxs3any-7oTsvoVOSYqBofIr8iNIwR_p94Rqx3IRVRgfNDF5mpr5PajGsuCfTvXS&sig=AHIEtbSKRwcUG2Oqf_qcsK7HvD3yDf3Cuw

That is the HMRC SSP booklet, so the best source to be using. In the introduction is says to be eligible for SSP you need to have done at least some paid work for the company, which you haven't. It then goes on to list how to calculate SSP in the first 8 weeks on page 13 of the booklet.

I would say give the HMRC SSP helpline a call as I think you need to have some HR training to know how to correctly follow the rules from the booklet (or maybe I'm just having a thick day!) and it is unclear if you are a new or existing employee.

It seems likely though that whether you have started a new contract or are continuing your old one you probably aren't entitled. They are wrong in saying you have to be there a year before getting SSP, but that isn't the issue here anyway.

Edited to add: with regards to contracted sick pay from your company presumably they follow the same rules for average pay as for SSP. Check your contract and you may need to take professional advice on this, but again you probably aren't entitled to anything whether you are a new or existing employee.

uber_shnuber

Thanks for the replies guys. I've just been down and spoken to my assistant manager for a bit of clarification.

In terms of company sick pay, they state that if the gap between leaving and recommencing is more than 14days then they call it a "Non Continuous Restart", and thus I was "terminated" and then "rehired". So I think company sick pay is out of the window.

My manager is quite happy to say whatever is required to help out including sorting out letters etc with confirmation of restart date etc.

So i guess I'm looking at SSC as a possibility, but it's dependent on how it works if you've just started a job, before you work your shift...?

If I'm not able to claim SSC, is there any other options for me in terms of benefits?

Thanks again.