Work Related Stress / Occ Sick Pay

andrea_louise

Apologies in advance for the long post. I am posting this on behalf of my cousin. She was signed off work with Work Related Stress on 14th April, for the second time since November, Her contract states that the Occupational Sick Pay Scheme for her employer, is 6 months full pay and 6 months half pay. She has been suffering from panic attacks, and had one when a manager from the company called her on tuesday when we were walking my dogs.
The manager informed her that her OSP went to half pay on 21st May 2010 as she is only entitled to 42 days full pay and 42 days half pay in a rolling 12 month period. I went through her payslips with her yesterday, and her previous sick leave. The previous sick leave and the period from 14th April to 21st May do not add up to 42 days, and this months pay slip does not appear to be half pay, even with the reduced tax, NI etc? I have advised her of her options regarding Emp Tribunal and Unlawful Deductions of Wages. But am concerned that this may make her health worse?
Can anyone advise - Is there any requirement for an Employer to advise a member of staff in advance of going onto half pay?
She has an appointment at the CAB tomorrow, because there are other issues alongside this, Managers turning up at her home unannounced. Managers ringing her Neighbours buzzer to be let into the building.

Any advice would be greatly appreciated.

Andrea

MrsManda

Do your calculations on how many days off she's had sick include weekends?
Is this month's payslip more or less than half pay? If it's more it may be that some days have been paid full and the rest is paid at half.
I don't think there's a requirement to infom the employee that they'll get half pay from a certain date as it is stated in their contract.

andrea_louise

Hello MrsManda,

Thank you for the quick reply. Yes, I initially based it on a 7 day week, even though she is only contracted to work Mon to Fri. I also tried it on a 5 day week, and that does not correlate either? Yes this months payslip is substantially more than half pay.
The contract states 6 months full pay and 6 months half pay, in a rolling 12 month period!

Uncertain

andrea_louise wrote: »

Can anyone advise - Is there any requirement for an Employer to advise a member of staff in advance of going onto half pay?


Any advice would be greatly appreciated.

Andrea

The short answer to this question is no.

However, this assumes the change happened on the correct date and was in line with her contractual entitlement.

Beware however that many sick pay schemes are "discretionary". In this case, apart from the employers duty to behave fairly, it means that your friend in not guaranteed the full length of sick pay. There is then a stronger argument that she should have been warned in advance of any change.

Most firms with a decent HR department would advise staff before their pay changes. It is also common to ask if the person wants to use some or all of their holiday to effectively extend the paid period. However, whilst this is good practice, it is not a legal requirement.

andrea_louise

Thank you for that information "Uncertain". That's the problem, I don't think it is the correct date, and it certainly does not correlate with her contract. I have done Payroll in the past, and can't make head nor Tail out of the payslips. Just as an example the basic salary is £1242, but last months basic was £1824?
Yes, I am aware of the ECJ ruling about the Stringer v HMRC, but I don't think the UK law has been changed yet to allow Annual Leave to be taken whilst on sick leave. (I believe there is a government consultation this summer) A number of cases have been dealt with (and upheld) by the ET regarding this.

Googlewhacker

Can I suggest she asks for the grievance procedure regarding harrassment/bullying and then if it carrys on that she follows through on it

Uncertain

andrea_louise wrote: »

Thank you for that information "Uncertain". That's the problem, I don't think it is the correct date, and it certainly does not correlate with her contract. I have done Payroll in the past, and can't make head nor Tail out of the payslips. Just as an example the basic salary is £1242, but last months basic was £1824?
Yes, I am aware of the ECJ ruling about the Stringer v HMRC, but I don't think the UK law has been changed yet to allow Annual Leave to be taken whilst on sick leave. (I believe there is a government consultation this summer) A number of cases have been dealt with (and upheld) by the ET regarding this.

It is perfectly possible to agree with your employer to treat X weeks as holiday rather than sick leave. There is a misconception that it is somehow against the law to work whilst signed off sick. The sick note is ADVICE. OK, most employers would not want you actually in whilst signed off with a doctors certificate, for possible insurance reasons, but that is another matter.

So, for example, if you have a four week sick note there is no reason why you cannot agree to treat, say, the last two weeks as holiday. The employer doesn't claim their SSP for those two weeks, pays you as normal and reduces you holiday by that amount. This is quite common practice. It does however need both parties to agree, I don't think either can force it on the other against their will.

If you friend has a hard and fast contractual entitlement to more sick pay than she has received then this does amount to an unlawful deduction of wages. Arguable she has a right to the money PLUS any losses she has suffered (e.g bank charges / interest) as a result of it not being paid.

andrea_louise

Googlewhacker wrote: »

Can I suggest she asks for the grievance procedure regarding harrassment/bullying and then if it carrys on that she follows through on it

Thank you, that is one of the reasons I am accompanying her to the CAB tomorrow. The harrassment of Managers arriving at her home unannounced.

SarEl

andrea_louise wrote: »

Apologies in advance for the long post. I am posting this on behalf of my cousin. She was signed off work with Work Related Stress on 14th April, for the second time since November, Her contract states that the Occupational Sick Pay Scheme for her employer, is 6 months full pay and 6 months half pay. She has been suffering from panic attacks, and had one when a manager from the company called her on tuesday when we were walking my dogs.
The manager informed her that her OSP went to half pay on 21st May 2010 as she is only entitled to 42 days full pay and 42 days half pay in a rolling 12 month period. I went through her payslips with her yesterday, and her previous sick leave. The previous sick leave and the period from 14th April to 21st May do not add up to 42 days, and this months pay slip does not appear to be half pay, even with the reduced tax, NI etc? I have advised her of her options regarding Emp Tribunal and Unlawful Deductions of Wages. But am concerned that this may make her health worse?
Can anyone advise - Is there any requirement for an Employer to advise a member of staff in advance of going onto half pay?
She has an appointment at the CAB tomorrow, because there are other issues alongside this, Managers turning up at her home unannounced. Managers ringing her Neighbours buzzer to be let into the building.

Any advice would be greatly appreciated.

Andrea

This wouldn't be an unlawful deduction of wages anyway, even if she is still entitled to sick pay - it is potentially a breach of contract. But, with the best will in the world, and irrespective of what else may be going on, there is a rather obvious answer here - which you would have to do before there is any talk of a possible tribunal claim. And that is ask the employer. She will have to ask them on what basis the calculation has been made, and what this mean in terms of what she gets paid (half pay, for example - isn't half pay - it is half pay plus SSP). If an error has been made, then that should be put right, and if it is not she would have to raise a grievance.

Obviously, it is impossible to comment on the larger scenario as there aren't enough details to make any sense of.

slightlyconfused1

Hi

In my previous employment we received up to 6 months on full pay and six months on half pay depending on the length of employment. I think it was one month per year of employment. This may account for the variation in length of time full pay will be paid?

14 April to 21 May is 37 days so the initial period off sick need only be 5 days including the weekend or there may have been an odd day a year ago. In my past employments days off ill did not show on my payslips.

andrea_louise

Further info! The employer changed the Occ Sick Pay scheme in April this year. The unions that represent the workforce had signed it, and it would appear that she is due to 61 days. 0-12 months 30 days, 12-24 months 30 days, 24-36 months 61 days. This information has not been communicated to the Employees, her Union rep only found out about it today. Thank you for all of your input.

Andrea