Help: rules and regulations regarding SSP?

complicated25

Dear all,

I would appreciate any help or advice on the following issue. I have been off work on sick leave (with a doctors note) for the last 3 weeks and due to start back at work tomorrow. Following further advice from a specialist at a hospital assessment and confirmation from my GP, they have suggested another 2-3 week extension to my sick leave. I let my company know a few days ago so that they were prepared for my later return and will be sending them the revised note tomorrow.

I received an email from them on Friday saying that they were going to put me on the SSP from this Monday. Firstly, this surprised me for two reasons.

1). Is there a legal time restriction for a Company as to when they have the right to shift you to the SSP? e.g. can they do this after only 3 weeks?? This seems like a very short time to have such a large cut in your income and on such short notice.

2). I work in a small company so I am already familiar with their lack of consistency and unclear systems and regulations BUT I am certain that other colleagues who have been off work for longer (and were more recent recruits than I at the company) were give full salary sick leave for 4-6 weeks. This makes their decision seem very personal that they have decided to shift me to SSP after only 3 weeks. Is this legally allowed? e.g. to have different rules, and decide on a case by case basis?

My biggest concern is that I have a comfortable salary and I have been working very hard over the last 2 years with good feedback from my boss, but this cut to a small amount of £81.60 is impossible! It also feels like a slap in the face especially when other colleagues have been off for longer on a salary paid leave (one for something physical, whereas my sick leave is for a mental health issue.....is this also a discrimination issue?).

I would like to hear from people who know more about the rules and regulations and if the decision for SSP is very much down to the company decide. Do I have any rights to argue back? (esp about the consistency issue?).

I am going to the Citizens Advice Bureau tomorrow so is there anything else I need to ask? benefits that I can claim to support myself for the next 2-3 weeks? I am only going to be off work for another 2-3 weeks so organising this for such a short time seems ridiculous and is just adding to the stress, when I am on strict doctors orders to rest up.

Is the SSP set at 81.60 or is it a negotiable issue with the company?

Many thanks for any advice!

McKneff

You need to look at your contract regarding company sick pay.

If there is nothing in your contract, as long as they are paying you SSP they are acting legally

SSP is set, it is the statutory minimum.

complicated25

furthermore, can you use your holiday allowance then instead?

McKneff

Is it feasbile for a small company to continue paying yu for doing nothing. 3 more weeks salary could be crippling them.

complicated25

Not quite my point but thanks. Actually, I work as a Consultant and when on contracts we work way over our paid hours which for me have included long weekends (several in a row and late nights....unpaid) sooo yes, I think 3 weeks paid sick leave is something a company who prides themselves on looking after their employeers can afford. My point is more to do with the inconsistent sick pay policy they seem to have....that I think is an issue.

I have also flagged that I would be willing to use my holiday allowance to compensate for it.

MrsManda

complicated25 wrote: »

My point is more to do with the inconsistent sick pay policy they seem to have....that I think is an issue.

In terms of consistency you are going to have to look at your contract and company handbook.

Is the company sick pay scheme discretionary?
Or does your contract specify how many weeks you get occupational sick pay before going on SSP?
Is everyone in your organisation on the same contract?
Do you know for certain that others on the same contract as you, with identical terms received full pay while off sick?
Did you meet all the terms set in order to recieve occupational sick pay?

Unless your contract says otherwise the employer only has to pay SSP.

http://www.direct.gov.uk/en/Employment/Employees/Sicknessabsence/DG_10027238

Depending on your household income and savings you may be able to claim housing benefit if you rent, council tax benefit, and income support while receiving SSP
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_175854.

complicated25

Thanks MrsMand, all good points and I will double check those with one of the colleagues concerned who is a close friend. I believe we are on the same contract as I write up most our contracts for my group in the office so I am familiar with them but it is worth double checking before I flag this up as an issue,.

McKneff

And its all down to the word, discretionary.
I fear there is nothing yu can do if it is not in your contract.(Even if it is in your friends)

Please let us know how you get on.

complicated25

Very true...

I've just done some research and checked through my contract (which is the same as both contracts of the other colleagues), and our company handbook. They say they follow the SSP as their sick pay scheme, no mention of a discretionary payment scheme but in effect, that is what they are doing....in a manner which is also discriminatory (mental vs physical health, and Senior vs Junior Consultant)....

bobajob_1966

complicated25 wrote: »

Very true...

I've just done some research and checked through my contract (which is the same as both contracts of the other colleagues), and our company handbook. They say they follow the SSP as their sick pay scheme, no mention of a discretionary payment scheme but in effect, that is what they are doing....in a manner which is also discriminatory (mental vs physical health, and Senior vs Junior Consultant)....

Be careful of accusing people of discrimination. Legally speaking discrimination can only be against a protected characteristic. In your case, if you fall under the Equality Act, the comparator would be a non disabled person not someone with physical health problems.

McKneff

I can see how long you have worked for the company, how long has the friend who you got information from been working there