Contractual sick pay..

DelBoyPhil

Hello,

I need some advice about sick pay, My doctor has told me that im able to work but I can not do any lifting for 3 weeks until it gets better.

In my employment contract it states that i can get 13 weeks full pay as ive been employed with them for over 5 years now.

However it also says All Company payments during sickness are at the Directors’ discretion but, notwithstanding this, payments will normally be made as follows: 5 years service and over: 13 weeks full pay

I have made it clear that im able to work but as my job entitles me to lift I can not do the job.

However they are now telling me that im only going to get SSP. I have been paid full sick pay in the past and also the other people that work for the same company to. I do not know anyone else at the company that has only been paid SSP

I have taken legal advice and spoken to acas and they told me to fight it.

Comments please

Badger_Lady

Mmm, yes I would fight it. The word "discretionary" is annoying, but I guess they're not legally obliged to pay

Other employers I've had have been able to choose, either put me on "light duties" or pay me sickpay. Light duties might be very poor in your job - in fact they might be limited to making everyone tea or something - but it would be better than nothing.

Hmmm.

Googlewhacker

Discretionary is just that unless they have done it discriminately in the eyes of the law.

How did you injure yourself? If it was skateboarding or something silly like that then that may be why they are not paying contractual sick pay.

DelBoyPhil

It has been on and off for the last 2 weeks. I can walk about and it does not hurt much but when i lift it hurts on one side. I had a few tests and when they put weight on the right side to push the arm down I could not stop it.

anyways i work with wine and that and its a heavy etc and i find it hard to unload a van with wine. So i contacted them after seeing a doctor but EVERYONE else gets FULL sick pay when they are sick. they tried it before in 2008 and i make a issue about it and i was paid. I like working for them but its in my contract. and i dont see why i do not get it.

other staff that have had this prob has been moving to warehouse to help.. but they now say thats a Health and Safety issue. I have requested a meeting to air my views etc. (why i wanted some advice)

I also made it very clear.. I do not want to be on sick pay.. I want to work!!

DelBoyPhil

I found this.

Contractual (company or occupational) sick pay

Your employer may offer a sick pay scheme that is more generous than the legal minimum (SSP). Your employer can offer any scheme that does not fall below the legal minimum.
When you begin working, your employer must provide you with a 'written statement of employment particulars' within two months of you starting work, which must set out the details of your sick pay scheme. If your company doesn't offer a contractual scheme, the written statement must say so.

A typical scheme

A typical sick pay scheme usually starts after a minimum period of service (for example, a three month probationary period). You would then receive your normal pay during any period that you are off work due to illness, up to a specified number of weeks. After this, you're likely to receive half pay for a further period before any sick leave you take becomes unpaid.
Proof of sickness required by your employer
Your employer may set out how you should tell them that you are sick (e.g. ring in before a certain time of the day). Usually you'll be able to self-certify for a week of illness; beyond that a doctor's note is usually required.

Discretion

Your employer can choose to make an exception and pay you sick pay even if you don't qualify under the company rules. Also, some sick pay schemes say that payments are 'at the employer's discretion', which means your employer can refuse payment if they think the absence is unjustified. However, in doing so they must ensure that their decision is free from discrimination (that is, they're not favouring one category of employee over another when they're required not to).
If your employer has chosen to pay discretionary sick pay in the past, this does not automatically mean they have to in the future. However, it is sometimes possible for a discretionary arrangement to become a part of your contract through 'custom and practice'.

iamana1ias

DelBoyPhil wrote: »

I found this.

Where? .....................

DelBoyPhil

iamana1ias wrote: »

Where? .....................

http://www.desktoplawyer.co.uk/dtl/index.cfm?event=base:article&node=A76056BD76219

iamana1ias

That's better.

Doesn't sound to me like you have much of a case. Your contract is clear that company sick pay is discretionary.

Googlewhacker

I'll ask again, how did you injure yourself? This could be why they are refusing you the sick pay.

DelBoyPhil

Googlewhacker wrote: »

I'll ask again, how did you injure yourself? This could be why they are refusing you the sick pay.

Like i said before. It just started on and off.. I think it was setoff on monday when i was unloading the van. it had hurt before that but it just started.

I did have a crash last year when a car hit the side of my work van. but that was over 10 months ago.

DelBoyPhil

iamana1ias wrote: »

That's better.

Doesn't sound to me like you have much of a case. Your contract is clear that company sick pay is discretionary.

some sick pay schemes say that payments are 'at the employer's discretion', which means your employer can refuse payment if they think the absence is unjustified. However, in doing so they must ensure that their decision is free from discrimination (that is, they're not favouring one category of employee over another when they're required not to).

They pay other staff Contractual sick pay when they are sick.
The reason for not paying me sick is that im sick.. not because they think it is unjustified.

I posted However, in doing so they must ensure that their decision is free from discrimination (that is, they're not favouring one category of employee over another when they're required not to). but I didnt mean to add that part. as it has nothing to do with discrimination in my case.