Sick Leave Question

Culture_Vulture

Hi, I was wondering if anyone could provide some advice for me with regard to having to take sick leave.

I am employed in the private health sector in a junior management position. When I was offered the role over 12 years ago, at the interview the owner of the company clearly stated at interview that I would be entitled to sick pay but not a pension which was fair enough. I asked my manager for a contract with all the terms and conditions etc but this was never produced despite asking countless times. He was "always busy". The same excuse has been given to subsequent joiners (it is a small company, there are 7 of us excluding the business owner, there is no HR dept etc).

I have only taken 8 days of sickness absence in the past 12 years. I have now been told that I need an operation on both of my legs which would require about 8 weeks of rehabilitation post surgery. I approached my manager about this offering to work from home for the last 4 weeks of the rehab as I will not be able to commute on crutches. He was fine about this but stated that I was not entitled to sick leave, that this is a private company and that I would have to use my entire 20 days of annual leave to cover my sickness leave if I wanted to be paid. I mentioned that I felt this was unfair as I have provided 12 solid years service and I also said that had this been mentioned in the interview I probably would not have taken the post.

I really do not know where I stand. Yes, I know that I am partly at fault for not demanding a contract but there is not much that you can do when your boss will not provide one.

In short, is he correct in saying that I am not entitled to sick pay, and that I can use my holiday for part of the convalescence period? I am also covered by the Equality Act 2010 for my condition.

Any advice would be very much appreciated.

tizerbelle

As an absolute minimum you are entitled to SSP (summary details of Statutory Sick Pay here) but don't get too excited, the first 3 days are unpaid and then it is only 86.70 per week.

If you want to be paid at full rate for some/all of the time off then yes you will have to use your holidays unless you can prove the existence of an agreement to receive company sick pay at rates above SSP.

Culture_Vulture

Thank you Tizerbelle. My boss was trying to put me off going down the SSP route because it would be "a hassle with paperwork". Time to look for a new job I think!