Employer has docked pay when contract doesn't specify sick entitlement

Uncertain

danmanvan wrote: »

But Direct.gov.uk says that an employer needs to specify that there is no company sick policy if SSP is to apply by default.

"If your company doesn't offer a scheme, the written statement should say so."

The contract does not say that SSP applies by default.

Sorry but you are putting far too much importance on one sentence from a general website and reading it the way you want it to be.

Think about it for a moment. The extension of what you are arguing is that because they haven't produced a document that says you only get 5 days you should get unlimited sick pay! I'm sorry but as I and others have explained it doesn't work like that.

The default position is that you get SSP. If your company offers more than that then it is an additional contractual benefit. Subject to a few limits this can be on pretty much any terms they like but obviously they have to honour whatever contractual terms you have agreed.

Your problem here is proving that you are entitled to more and the onus is very much on you to prove that. Regardless of what you read on direct.gov they don't really have to prove that they were entitled to limit you to five days.

If you are going to get anywhere with this you are going to need to show that they are in the wrong. Now it may be, for an easy life for the sake of a week's pay, they roll over and settle easily if you can come up with any half valid argument. On the other hand they may fight all the way. Again that is their call.

paddyrg

danmanvan wrote: »

"If your company doesn't offer a scheme, the written statement should say so."

I read that as 'should', not 'must', if you see what I mean.

t0rt0ise

It sounds as if your company is doing what so many others are and reducing their sickness liability. In order to do that they've simply withdrawn schedule 1 from the contract leaving it reading slightly wrongly but still legal. Reducing sickness payments is something that companies can do very quietly with no comeback.