Withdrawing Sick Pay Without Notice?

Danie1le

I work for a small company of 9 employees, we made some redundancies in January 2012 but at the same time, the company introduced a 6 month trial period where we would receive full sick pay should anyone be off sick.

In May 2012 we were issued new contracts, no mention was made of the sick pay in the contracts, it just informed us that we would receive statutory sick pay, upon questioning this we were told that the trial period is still in place.

After the 6 month trial period, no communication was given by the company and we have continued to receive sick pay for time off sick. Although I should point out that the sick pay was not abused, we have as good an attendance record of anywhere I have ever worked.

In October 2012 I was told by my doctor that I probably needed surgery to repair a hernia and was referred to a surgeon. I informed my employers that I probably had a hernia which would need surgery in the near future which would mean a period of time off work, one of the first questions I asked was about sick pay and I was told that I would receive full sick pay for the time that I am off, however long it needed to be.

In January the surgeon confirmed that I needed a hernia operation and I informed my employers that I would need a period off work sick. On 7th February I received a date for my operation which was to be 26th March, again I informed my employers.

On 25th February the company announced it was making three more redundancies, a few days later on 28th February, just a few weeks before my operation, we were given a letter saying that the company was withdrawing the 'temporary' sick pay scheme.

The sick pay is not abused by anyone and I am convinced they have only done it because they know that they are losing me for four to six weeks.

At the moment I have had my surgery and have spent the last three weeks recovering. I am planning at the moment to go back to work on 23rd April. If I had known back in October that I would have only been receiving statutory I could have saved to cover this period, instead I was given no notice and I am being forced to use up some of my holiday entitlement because I cant afford to do it any other way.

What I want to know is, is the sick pay scheme still considered temporary even though it continued past the 6 month trial period with no communication, and can they withdraw this without any notice?

mountainofdebt

Whilst I do feel for you I really don't think that they've changed the sickness pay scheme just because of your situation......with the further redundancies it sounds as if their backs are really up against the wall.

It may be an idea to spend some of your sick leave looking for a new position

Danie1le

Thanks, I have been trying to find a new position for a while, unfortunately it's really difficult at the moment.

It is just the timing of everything, and the fact that if things are really desperate there are other ways they can save money. Out of the 9 members of staff we have left, 4 are office staff. We have a manager, an assistant manager, a supervisor and a secretary for five production workers.

notanewuser

4-6 weeks for a hernia? My husband has had 2 umbilical hernias operated on, and both times he was back to work (from home) 2 days later.

Danie1le

4-6 weeks is standard for a hernia and reccomended by the surgeon, some need even longer. It depends on the type and size of hernia and the type of surgery.

I am assuming your husbands surgery was keyhole? Mine was umbilical too but was open surgery and I still couldn't walk without pain after a week never mind two days.

It has been just over two weeks since my surgery and if I worked in an office environment I would already be back now but I work in manufacturing with occasional heavy lifting. I plan to go back on the 23rd April, four weeks after my op. It's already agreed that I will return on light duties.

notanewuser

Danie1le wrote: »

4-6 weeks is standard for a hernia and reccomended by the surgeon, some need even longer. It depends on the type and size of hernia and the type of surgery.

I am assuming your husbands surgery was keyhole? Mine was umbilical too but was open surgery and I still couldn't walk without pain after a week never mind two days.

It has been just over two weeks since my surgery and if I worked in an office environment I would already be back now but I work in manufacturing with occasional heavy lifting. I plan to go back on the 23rd April, four weeks after my op. It's already agreed that I will return on light duties.

First was keyhole. Second he was split 8 inches down the front.

Hope you feel better soon.

Danie1le

I am getting there, I'm starting to move around normally again now. Thank you

Savvy_Sue

I know it's easy to say this with hindsight, however if you were in a position to save why have you not been doing so anyway? Especially in a time when you know redundancies are being made, and you know it's not easy to get another job ...

My top recommendation would be to start as soon as you can ... you never know when it will come in useful!!!

Danie1le

I am in no position to save, I really wish that I was. But If I had known in October that I would only have been getting statutory I would have been able to save a little bit at least, or at least plan for it. Something is better than nothing.

In my job I earn just above the minimum wage and I'm trying to get myself into a position where I can start saving money. I'm doing a work from home Web Design course and i've been looking for a new position but like you say it is really difficult at the moment.

I don't have an issue with receiving statutory, if that is what the company wishes to do it is up to them. My issue is that they withdrew the company sick pay policy without notice just a few weeks before they knew I was going to be off leaving me in a really difficult situation. Me being off may have had nothing to do with it, I will never know either way but I have worked for them for over six years, I am one of the longest serving members of staff, I very rarely have any time off and I always go out of my way for them so this just feels like a real kick in the teeth.