Company Sick pay not been paid to employee

moremore

Looking for help for a friend, this person has been working for a company for over 2 years and is disable, which company refused to accept. She has been off with back problems due to working conditions and her company refused to pay her sick pay.

Is there anything that she can do about this.:j

dawnybabes

Refused company sick pay or statury sick pay ?

skintandscared_2

Your friend needs to dig out her employment contract, or look at the firm's handbook for their policy on sick pay. She will probably be entitled to Statutory Sick Pay but that might be all.

Emmzi

Has she actually provided a fit note from the doctor?

Is she a member of a union?

heretolearn_2

She needs to check her contract/staff handbook etc. Company sick pay is normally discretionary. Statutory sick pay may be all she gets in this case.

paddedjohn

Is she full time or part time? Is her average weekly wage £102 or more? What do you mean 'she is disabled and the company wont recognise it'?

in_need_of_help_2

Hi
We all have human rights and her employer must under the DDA support her if she is disabled.
Tell her to contact : http://www.equalityhumanrights.com/

I used them a couple of years ago great help, and guidance fo me.

Good luck.

Jarndyce

in_need_of_help wrote: »

Hi
We all have human rights and her employer must under the DDA support her if she is disabled.
Tell her to contact : http://www.equalityhumanrights.com/

I used them a couple of years ago great help, and guidance fo me.

Good luck.

That would be great if we could be sure the OP's friend actually was disabled under the law. If the employer don't accept that she is disabled as defined by the Equality Act (which has replaced the DDA), then she would need to go to a tribunal to establish that.

Are you able to elaborate on her disability at all?

So she needs to follow the advice above regarding establishing her contractual entitlement and what is actually being refused, but if she wants to pursue the disability angle she would need to submit a formal grievance and take it from there.

Oneday77

moremore wrote: »

Looking for help for a friend, this person has been working for a company for over 2 years and is disable, which company refused to accept. She has been off with back problems due to working conditions and her company refused to pay her sick pay.

Is there anything that she can do about this.:j

How long has she been off sick for, does she get SSP, does her contract quote OSP, has she had other occurrences of absence from work, how much does she earn? These are just details that we need to help give you accurate advice?
If her contract has no OSP she would only qualify for SSP.
If she has been off for over 28 weeks she has exhausted any SSP entitlement.
If she works one day a week and only qualifies for SSP she doesn't get any sick pay until her 4th week of absence.

Uncertain

heretolearn wrote: »

She needs to check her contract/staff handbook etc. Company sick pay is normally discretionary.

Normally maybe but not universal by any means.

In a lot of public service and academic posts it remains a contractual entitlement (obviously subject to a maximum period and complying with the terms and conditions of the scheme).

Well worth checking carefully.