Issues with sick pay policy - difference on contract

AliceBrownie

Due to the icy weather, I am now stuck in a plaster cast for the next 6 weeks, and probably unable to work. Policy at work states that for people who started since april (I started in July), you don't get sick pay until you've worked there for 12 months, but I've checked and the contract I signed when I started says 6 months. Obviously I'd rather have proper sick pay for a few weeks, not just statutory, but can they enforce it/say it's changed since I signed/the contract I signed was not updated?

notanewuser

AliceBrownie wrote: »

Due to the icy weather, I am now stuck in a plaster cast for the next 6 weeks, and probably unable to work. Policy at work states that for people who started since april (I started in July), you don't get sick pay until you've worked there for 12 months, but I've checked and the contract I signed when I started says 6 months. Obviously I'd rather have proper sick pay for a few weeks, not just statutory, but can they enforce it/say it's changed since I signed/the contract I signed was not updated?

Which came first, the signing of the contract or the 12 month policy?

AliceBrownie

It says on their website that for employees who started after 1st of April it's 12 months before you get sick pay not 6. I've never had cause to look up the policy before so I can only assume the policy was updated before I started, so the contract I signed has false information. That's why I'm not sure I have any legal right to what the contract says.

AP007

I was imagine it's the contract you have signed unless they then updated the site afterwards but I thought they would have to to inform you correctly

notanewuser

AliceBrownie wrote: »

It says on their website that for employees who started after 1st of April it's 12 months before you get sick pay not 6. I've never had cause to look up the policy before so I can only assume the policy was updated before I started, so the contract I signed has false information. That's why I'm not sure I have any legal right to what the contract says.

Have you a union rep? If you signed the contract AFTER the 12 month policy came in, I'd argue that that is what you are entitled to.

zzzLazyDaisy

As a general rule you are entitled to rely on the terms and conditions set out in your contract - unless the contract expressly refers you to another document eg the sick pay scheme, in which case it would be whichever incarnation of the sick pay scheme applied at the date you wished to rely on it.

If they wish to change a term of your contract after you have signed it, they must notify you in writing. So if they sent a memo round informing everyone of the change to the sick pay scheme, you would be deemed to have accepted the change if you continued to work under the contract, after receiving notification of the change.

But if you dispute ever having had notice, or being informed of the current sick pay rules, then it would be for the employer to show that you had been informed. Though, pragmatically, getting into a dispute with your employer is probably not advisable, since you need to work for the employer for two years before you have statutory protection, and they can pretty much dismiss you for any reason during that time, as long as they don't breach anti-discrimination laws.