Sick pay rules

factor29

Hi all,

After some advice regarding some 'issues' I am having with my current employers. They are aware that I am looking at moving on which may or may not have some influence in the issue I have.

I injured myself on the bank holiday Monday just gone, and subsequently had to phone in sick as advised by a doctor in A&E. I was told to self certify until I was we'll enough to return within the next few days.

I informed work and was told that as the injury had occurred outside of work I would not be paid sick pay for this instance, as HR had said so. My contract says that I am eligible for full pay for upto 4 weeks off sick. I asked why I would not be paid and was then told it was down to the companies discretion. I was then asked to provide my manager with all my instances of sickness and reasons for them for the previous 12 months. Something which they should have themselves, except I have never been asked to fill in a self cert form or attend any meeting etc regarding my absence.

So I return to work, and am invited to the first ever return to work meeting following sickness. I am again told that I won't be paid for this instance but this time I'm told its because another member of management has said I appear to be having too much time off sick. However nobody can give me dates and length of time off sick as there is no official record. So I am then told the other member of management has informed my manager not to pay me sick pay as he doesn't want me to be paid. During this meeting I found the section of company policy which says that sick pay can only be withheld if I have had 3 or more occasions of sickness within 3 months ( which I haven't). So my manager agrees to pay me the sick pay, but says he will need to contact HR as the policy is "confusing" and then proceeds to go through each bullet point in the policy trying to find a reason why they can refuse my sick pay.

After failing to find a reason, it is left at that and I am told to wait and see what HR say. A few days later I get a call saying HR have now said there is a different policy for me ( which I haven't seen!) which states 3 occurrences of sickness in 12 months is enough to with-hold sick pay. However my policy states the sick year "refreshes in February" ie starts again from scratch. I have not had 3 times off sick since feb.

So today I am sent a copy of a signed sheet of paper which I signed several years ago when I started to agree to the sickness policy. No copy of the policy was provided with this piece of paper, so I have requested a copy of this as I know it does not say I can only have 3 occurrences of sickness.

I am also told that as I was sick after a bank holiday, I need a fit note from a dr to say I was unable to work on the bank holiday so I can have sick pay for the bank holiday.... But I won't get paid for the remaining days. If I don't get this note then I won't be paid for the Monday either.

My questions are... The bank holiday & a sick note - can they do this? Will a dr give me a sick note for an injury which occurred a couple of weeks ago?

Also depending on the outcome of the production of the policy I signed for, any advice on the other days? I know my policy does not say what I am been told and regardless I have a policy which has differing information anyway.

My manager is aware I want to leave the company and I don't know if this could have something to do with it. They have also recently employed somebody else to do the same job as me, which gives them a bit more of a safety net to get rid of me or force me out. Other things have happened recently which may suggest they are trying to force me into resigning!

Thanks in advance for any advice.

factor29

*Bump* anybody?