Sick Pay on notice period

John_Jizzle

Hi all, My company normally pay sick pay. However I handed my notice in today and they informed me that for the rest of the notice period i will not be paid sick pay.

Does anyone know the legal side of this? I read somewhere they can't change how they treat people because they are on notice to leave???


Thanks in advance

AP007

John_Jizzle wrote: »

Hi all, My company normally pay sick pay. However I handed my notice in today and they informed me that for the rest of the notice period i will not be paid sick pay.

Does anyone know the legal side of this? I read somewhere they can't change how they treat people because they are on notice to leave???


Thanks in advance

SSP would be paid if you were off 4 days or more but if they have a company sick pay then they can decide to pay or not to pay

Are you planning time off sick on the notice period?

John_Jizzle

No i'm never usually off sick - the notice period is quite a long one though.

AP007

John_Jizzle wrote: »

No i'm never usually off sick - the notice period is quite a long one though.

How long? And do the company mean SSP?

What does your contract say? I am guessing you get full pay so they don't want you to resign and then go sick the next day and have to pay you.

monty-doggy

Company sick pay is discretionary, they don't have to pay it.
They do however have to pay statutory sick pay.

marybelle01

monty-doggy wrote: »

Company sick pay is discretionary, they don't have to pay it.

Not necessarily. Company sick pay may be contractual in which case the do have to pay it.

However, they can refuse to pay if they do not believe you are sick. I am confused about what the length of your notice period has to do with whether you are sick or not?

AP007

marybelle01 wrote: »

Not necessarily. Company sick pay may be contractual in which case the do have to pay it.

However, they can refuse to pay if they do not believe you are sick. I am confused about what the length of your notice period has to do with whether you are sick or not?

More likely to be sick in 3 months if that's the notice compared to over 1 month and as suggested the company probably don't want anyone resigning then getting full pay for however how long.

marybelle01

AP007 wrote: »

More likely to be sick in 3 months if that's the notice compared to over 1 month and as suggested the company probably don't want anyone resigning then getting full pay for however how long.

The OP says that they are never usually off sick. Can't see then why they would expect to be.... But that is irrelevant - the issue is whether the sick pay is contractual. If it is, unless the contract specifies it isn't paid during the notice period, then the employer is playing with fire in changing the term during notice.

John_Jizzle

I checked the contract and cant see anything about it - it just mentions it on the letter i got after handing my resignation in.

I usually have 2-3 days off a year with sickness - and sickness is paid here.

I'm just worried if I get ill within the next few months and need the time off it will be a big financial hit (i'm not looking to just ring in sick for the next few months )

marybelle01

John_Jizzle wrote: »

I checked the contract and cant see anything about it - it just mentions it on the letter i got after handing my resignation in.

I usually have 2-3 days off a year with sickness - and sickness is paid here.

I'm just worried if I get ill within the next few months and need the time off it will be a big financial hit (i'm not looking to just ring in sick for the next few months )

Your "contract" - which isn't your contract, it's a statement of the main particulars of employment no matter what it says at the top - doesn't contain absolutely every term of your employment. Company policies and other things also comprise part of the contractual terms. If you company has contractual sick pay then it must have a policy which states the terms of payment etc - this is what you would need to ask to see if you want to check whether that is what it says. There is also "custom and practice" which can become contractual, so if they tell everyone the same thing (no sick pay during notice) then this might apply - but that's a bit more of a foggy area as custom and practice can be overturned easier than policy.

AP007

John_Jizzle wrote: »

I checked the contract and cant see anything about it - it just mentions it on the letter i got after handing my resignation in.

I usually have 2-3 days off a year with sickness - and sickness is paid here.

I'm just worried if I get ill within the next few months and need the time off it will be a big financial hit (i'm not looking to just ring in sick for the next few months )

Got a company hand book? These can form part of the contract and at my last co we had all the other info in it.