sick pay rights

lucy1967_2

i have been signed off sick for two weeks. However i was wondering on my rights to sick pay

my contract says your employment commenced on 20th November 2010

the date of commencemnt for contionous service was 20th september 2010.

Company sick pay is operable after 12 months employment.

I was taken on as a tempary worker on the 20/09/2010
and applied for an internal vacancy which i got on the 20/11/2010

would i be entitled to comany sick pay?

whats the difference between continuous service and commencement of employment?

LittleVoice

The November date is when they say your contract changed. The September one is when you began working for them and there wasn't a break between the end of the "temporary" contract and your current one.

If you have already been off sick for two week, I believe that the part of that which was before the September anniversary would not entitle you to sick pay (other than statutory sick pay) but that you should be paid for the sickness which occurred from 20 September.

Is the sick pay scheme discretionary?

Sambucus_Nigra

I read it that she had just been signed off for two weeks.

lucy1967_2

Sambucus_Nigra wrote: »

I read it that she had just been signed off for two weeks.

yes thats right as of friday just gone



it just say

company sick pay is operable after 12months employment and is payable for 12 weeks in a tax year.
thats all thats wriiten in my contract

LittleVoice

lucy1967 wrote: »

yes thats right as of friday just gone

In that case, as Friday was after the one year anniversary point, you should be entitled to company sick pay. But do check whether the handbook mentions payment being at the discretion of the company.

trishandbubs

When you changed over jobs were you made to take seven days off before your new job started? When I have changed jobs internally I have always been made to take the seven days which means that contractually you have not been there a year yet really check over your contract for this as this is how I got caught out with sick pay in my last job

lucy1967_2

no i didnt take any time off my job ended on the fri and started my new job on the Monday.

lucy1967_2

no cant see anything about discretionary

KiKi

I disagree on initial reading - it says 12 months' employment is required for sick pay. Your employment began in November last year. You were (it seems from your post) a temp worker until then, and so not 'employed' until you were successful in the internal vacancy.

I would take from that that you are not entitled to company sick pay until 20 November this year.

However, perhaps you can clarify by what you mean as a 'temp' - were you employed by an agency, or on a Fixed Term Contract...?

KiKi

LittleVoice

KiKi wrote: »

I disagree on initial reading - it says 12 months' employment is required for sick pay. Your employment began in November last year. You were (it seems from your post) a temp worker until then, and so not 'employed' until you were successful in the internal vacancy.

I would take from that that you are not entitled to company sick pay until 20 November this year.

However, perhaps you can clarify by what you mean as a 'temp' - were you employed by an agency, or on a Fixed Term Contract...?

KiKi

If the OP was not employed before November 2010, why would the written particulars specify that continuous employment was from September?

As I see it, this is not about an agency worker being taken onto the payroll but an employee on what the employer described as a temporary contract transferring to a "permanent" one.

KiKi

LittleVoice wrote: »

If the OP was not employed before November 2010, why would the written particulars specify that continuous employment was from September?

As I see it, this is not about an agency worker being taken onto the payroll but an employee on what the employer described as a temporary contract transferring to a "permanent" one.

I agree on the continuous employment aspect; it's the fact that the contract specifically says employment refers to November which makes me question it. It could be that the OP moved from an 'associated' business, or that they include temps for continuous service purposes if they use an in-house agency...but I agree, it's not clear.

If the OP could clarify on what basis they were a temporary worker (ie, actual employer and contract type) that would help.

I don't see the reason for stating 'employment' on the contract otherwise...although, of course, it's entirely possible that the organisation just uses that phrase to mean 'employment on this contract'. Which seems confusing to me, but the more I think about it, the more logical your reasoning is!

KiKi