discretionary sick pay only for some?

Pixiedust22

So if the contract/handbook says full sick pay is at company's discretion, that means it's basically up to the company whether they pay you for a specific period of being ill. I understand that this makes sense if managers think someone's not being truthful for example. But in this particular case there are some employees who always get full pay when off sick and others who never get it (ie only SSP if applicable). I'm not necessarily asking if this is legal because it probably is, but it does seem like very odd business practice, setting some people up as "favourites". Are there any rules when it comes to discretionary sick pay or is it basically you get it if the manager likes you?

ohreally

If your face doesn't fit, your Donald Ducked when you really need it.

I suspect it's not a unionised workplace.

sangie595

Pixiedust22 wrote: »

So if the contract/handbook says full sick pay is at company's discretion, that means it's basically up to the company whether they pay you for a specific period of being ill. I understand that this makes sense if managers think someone's not being truthful for example. But in this particular case there are some employees who always get full pay when off sick and others who never get it (ie only SSP if applicable). I'm not necessarily asking if this is legal because it probably is, but it does seem like very odd business practice, setting some people up as "favourites". Are there any rules when it comes to discretionary sick pay or is it basically you get it if the manager likes you?

It is legal. It's mostly private sector who do this. And yes, it's a rubbish "rule" because it's fairer if you know you get it or not, but it's up to employers. They don't have to give anything better than statutory, so if they do, their rules are up to them. Unless they are legally discriminatory, there's nothing to do about it.

mr_munchem

If the reasons for paying/not paying sick pay can be shown to be discriminatory. For example, if sick pay was only ever paid to male and not female employees, this would be illegal.

stuartJo1989

I followed the sick policy in work to the letter once but they refused to pay out sick pay at first. Only after threatening to get a solicitor involved did they pay up.

That was considered a good result in there though, as many of the employees regularly got shafted with their wages and didn't get a resolution.

The people in the "good books" were often promoted to managerial level and were paid "bonuses". Never did cotton on to whether they had more discretion RE: sick pay though but wouldn't be in the least bit surprised!

z1a

I negotiated sick pay when I started, (hardly ever use it) I don't know or care who else gets it.

Diamandis

Generally we don't pay sick pay but might occasionally for someone who hasn't been off for a very long period of time or depending on the specific circumstances of their absence - something like a miscarriage we would be more likely to pay for than someone having the cold.

Comms69

Pixiedust22 wrote: »

So if the contract/handbook says full sick pay is at company's discretion, that means it's basically up to the company whether they pay you for a specific period of being ill. I understand that this makes sense if managers think someone's not being truthful for example. But in this particular case there are some employees who always get full pay when off sick and others who never get it (ie only SSP if applicable). I'm not necessarily asking if this is legal because it probably is, but it does seem like very odd business practice, setting some people up as "favourites". Are there any rules when it comes to discretionary sick pay or is it basically you get it if the manager likes you?

No, if someone isn't being truthful, then its disciplinary with a view to dismissal.


Discretionary sick pay is just that. The company can pay it to 1 person, but not another.

Comms69

mr_munchem wrote: »

If the reasons for paying/not paying sick pay can be shown to be discriminatory. For example, if sick pay was only ever paid to male and not female employees, this would be illegal.

Possibly illegal.


It could equally be perfectly legal, it depends on the circumstances, which is not as simple as you put it.

Comms69

Diamandis wrote: »

Generally we don't pay sick pay but might occasionally for someone who hasn't been off for a very long period of time or depending on the specific circumstances of their absence - something like a miscarriage we would be more likely to pay for than someone having the cold.

Whilst I understand what you're saying, you'd prefer someone to come in and spread their germs everywhere?....

Diamandis

Comms69 wrote: »

Whilst I understand what you're saying, you'd prefer someone to come in and spread their germs everywhere?....

If it was my own company I wouldn't but I work for the man and if I authorised pay for someone having the cold 3 times a year I'd be questioned.