Not getting paid sick pay.

Justme29

Around three weeks ago I returned to work after four weeks off sick due to having surgery and then contracting an infection.

I have had medical notes from the doctor confirming my sickness for the four weeks I was off, but this means nothing to my manager who has decided to pay me SSP instead of my full pay.

We have a high level of absence in our store(I work in retail) so the store manager has decided to use her discretion for people who are off sick.

When I spoke to her to ask why she was using her discretion with regards to my absence she said that when I spoke to my line manager/deputy manager they both asked me whether I could either work at a local store or come in and work reduced hours, and I refused(they didn't ask me this at all) and I have asked someone who said they shouldn't have even asked me that as I was signed off sick.

I don't know what to do, I am down £210 and I can't afford to lose that.

My staff handbook states that you can get up to 8 weeks full sick pay, before SSP, and before the four weeks I had off have only had 5 days off since I started April 2011.

Hope someone can help.

smunchkinp

regardless of what your handbook says, what does your contract say?

Hubby's handbook stated he had 8 weeks full sick at his level, but the contract differed by saying 4 weeks.

marybelle01

Justme29 wrote: »

the store manager has decided to use her discretion for people who are off sick.

If sick pay is discretionary, then it's discretionary. So if you aren't happy then you will have to submit a grievance, although all it may result in is your being unhappy, and the store manager being unhappy with you. I don't see that you are "down" anything because full pay is discretionary, so you can't depend upon being paid it.

Uncertain

You need to check the exact wording of your sick pay rules.

It is not unknown for some managers to believe that is is discretionary when in fact there is a hard and fast contractual right.

However, assuming the rules do allow discretion, then there is very little you can do about it unless you are being discriminated one the grounds or race, sex etc. The fact that somebody else was treated differently is not, in itself, relevant.

Mands

Justme29 wrote: »

My staff handbook states that you can get up to 8 weeks full sick pay, before SSP, and before the four weeks I had off have only had 5 days off since I started April 2011.

Hope someone can help.

The 8 week entitlement is for employees with one to three year's service: you went perm earlier this year so surely your service is sub-one year?

That aside, it is a discretionary scheme so they don't have to pay.

Sorry,
Mands

LittleVoice

The OP would, however, be entitled to SSP. Has that been paid?

Uncertain

Mands wrote: »

The 8 week entitlement is for employees with one to three year's service: you went perm earlier this year so surely your service is sub-one year?

That aside, it is a discretionary scheme so they don't have to pay.

Sorry,
Mands

Just to clarify, I assume you are saying this as you know where the OP works and have direct knowledge of that company's sick pay?

marybelle01

LittleVoice wrote: »

The OP would, however, be entitled to SSP. Has that been paid?

Yes - the OP said that in their first post - the manager has said that they are not paying full pay.

Mands

Uncertain wrote: »

Just to clarify, I assume you are saying this as you know where the OP works and have direct knowledge of that company's sick pay?

Yes, to both.

LittleVoice

marybelle01 wrote: »

Yes - the OP said that in their first post - the manager has said that they are not paying full pay.

Thanks for reminding me.

I had read down to the end of the post where it also said SSP was paid after the 8 weeks of the company scheme, whereas it would normally be paid at the same time as those 8 weeks which would form part of the maximum 28 weeks.