Sick pay while suspended

monty-doggy

I was suspended from work pending disciplinary.

I have been signed off sick by my gp due to unbelievable amount of stress and anxiety, as well as a foot injury for which I had surgery on in may this year and is causing me pain and problems.

Now my employer is saying they won't pay me sick pay however my contract says I'm entitled to 4 weeks sick pay.

There is nothing in the handbook about sick/suspension.

Southend1

You could get an employment lawyer to write to the employer. I seem to recall you aren't a union member, which is a shame because your union would have been able to access legal support for you at no cost to yourself.

paulineb_2

If they wont pay you sick pay they should pay SSP, if not you can claim ESA.

Generally Ive always known suspensions to be without prejudice, that is, its not a sign of guilt and as such its good practice to suspend someone on full pay, however as youve then signed yourself off, you've placed yourself on the sick. How much sick pay they pay you may depend on whether youve had any other absences as well.

I think you may need to go and see an employment lawyer or the CAB for some better advice on this issue.

monty-doggy

No I'm not. I've had enough I feel like they are trying to force me into either going to the disciplinary so they can dismiss me or getting me to resign. I'm being fed bits of information from a colleague who has basically said my area manager has said I won't get paid and ill probably be dismissed. This person was going to be my witness at the meeting.

I'm genuinely not well and I feel like I'm being bullied.

monty-doggy

I've never had paid sick leave before I used holidays and unpaid sick when I had my surgery. I'm entitled to 4 weeks as per the handbook.

jacques_chirac

You need to speak to your employer rather than relying on what colleagues tell you. Does your handbook specify that sick pay is at full rate?

monty-doggy

Yes. It says if they are not satisfied with the reason they can withhold pay, however they can't argue that my foot is broken, and they can't argue I'm under a lot of stress. I feel like I'm being pushed until I crack.

paulineb_2

Perhaps you should stop being fed bits of information by a colleague and dont discuss anything to do with work with anyone you work with

A letter to your employer asking why they arent paying you your sick pay, recorded delivery would your first option

You also dont need to be sacked to claim ESA, you can make a claim for ESA while you are still in employment if your employer wont pay you SSP

They should pay you SSP at the very least if you work over I think its 16 hours a week, but dont quote me on that, google will help you with that one

paulineb_2

monty-doggy wrote: »

Yes. It says if they are not satisfied with the reason they can withhold pay, however they can't argue that my foot is broken, and they can't argue I'm under a lot of stress. I feel like I'm being pushed until I crack.

If I were you, which Im not, I would try and get a reason why they arent paying you, then ask them to pay you SSP if they refuse and if you cant get SSP, which Im sure your employer will have to legally pay, make a claim for ESA.

monty-doggy

I'm at the point where I'm going to tell them I feel it's constructive dismissal. I've been through a tribunal case before and I'm not afraid to do it again.

Their behaviour is disgusting.

Takeaway_Addict

monty-doggy wrote: »

Yes. It says if they are not satisfied with the reason they can withhold pay, however they can't argue that my foot is broken, and they can't argue I'm under a lot of stress. I feel like I'm being pushed until I crack.

Unfortunately it doesn't say what deems satisfaction so saying they are unsatisfied looks like a way out to me.

How long you been there?