Do I Need An Employment Tribunal? Where Do I Start?

Primrose85

cr1mson wrote: »

Ok maybe I being stupid here (please feel free to correct me) but

You were paid on 31st August for work up until 31st August.
You left on 17th September having been sick since 31st August.
You do not get paid if you are sick.

Therefore on 30th September you are due nothing in terms of pay. Only thing you may be due is holidays owed but as you have no records of what you have taken this would be difficult to prove and you could actually owe them.

C

Yes - I can understand. However it was not my fault I was off sick, and I was still employed. My employers even implied to me I was still due a 'final pay'. Surely I am due, at the very least, SSP?
As far as I can see, I am due sick pay upto September 17th - nobody has ever told me otherwise.

LunaLady

What does it say in your contract about sick pay?

You should be entitled to sick pay after 5 days - its £85.85 a week, so if you were off for 2 weeks you are entitled to 9 days worth.

Primrose85

LunaLady wrote: »

What does it say in your contract about sick pay?

You should be entitled to sick pay after 5 days - its £85.85 a week, so if you were off for 2 weeks you are entitled to 9 days worth.

It just says SSP will be paid to eligible employees. So I am due full pay for one week and SSP for 9 as far as I am aware.

Thank you to everyone who has replied - you have all been very helpful.

cr1mson

Primrose85 wrote: »

It just says SSP will be paid to eligible employees. So I am due full pay for one week and SSP for 9 as far as I am aware.

Thank you to everyone who has replied - you have all been very helpful.

Are you an eligible employee?

You seem to be contradicting yourself as before you said you didn't get paid if you were sick.

Primrose85

cr1mson wrote: »

Are you an eligible employee?

You seem to be contradicting yourself as before you said you didn't get paid if you were sick.

Sorry if I am being completely dim, but you have lost me!

I haven't received a penny from them since being off sick. As far as I am aware, I am an eligible employee. To begin with, they told me I was due my final pay, now they are ignoring me. I am trying to work out how much I am due from them and how to arrange this.

Primrose85

P.S. If I was to be off sick for one or two days I would get paid normally - I was on a permanent, full time, salaried contract. A previous post asked if I had received sick pay before - I said no assuming it meant SSP. I have never been off sick long enough to receive SSP and don't know how it works, hence why asking on here!

Again, sorry for appearing totally dim!

LunaLady

Primrose85 wrote: »

It just says SSP will be paid to eligible employees. So I am due full pay for one week and SSP for 9 as far as I am aware.

Thank you to everyone who has replied - you have all been very helpful.

If your employer pays sick pay up until SSP kicks in then you are due as you describe (my employer does this)

If SSP is at the managers discretion, or is not paid at all then you will be unpaid for 5 days and will be paid SSP for the 9 days after the 5th qualifying day.

Primrose85

Thanks LunaLady. There has never been a situation with anyone who was on a permanent full time contract at that place of work where they were unpaid for a sick day. So I am assuming I am right in thinking I should get full pay for those 5 days. I have just finished my official letter to them which I will be posting tracked and they will each get a copy to their email address so they cannot pretend they didn't get anything!
Given them 14 days before I take it to small claims. Thanks for all your help!

ElizabethSmith

I Primrose85it sounds like you are doing the right thing contacting them via letter. I would keep a note of any contact you have with them as this can strengthen your case. I was unfairly dismissed at work so can understand what you're gonig through

zzzLazyDaisy

miduck wrote: »

You could go to tribunal, but it would be far simpler to go to the small claims court.

This is bad advice. Any claim for unlawful deductions from wages (which is what this is) should be made in the Employment Tribunal, as the small claims court does not have jurisdiction. Also there are no costs in the ET, and you also have the services of an ACAS officer whose job it is to assist the parties to reach an agreed settlement without going to a full hearing, where this is appropriate.

OP - In some circumstances the employee is entitled to be restored to full pay during the notice period, so we need to first establish whether this applies to you. Please can you give us the following information:

1 How long were you employed by the company
2 What was the notice period set out in your contract?