SSP and Company Sick Scheme

Andyraz

Good morning MSE forum members!

Seeking an advice from you since in doubt with my employer’s approach.
I had a knee operation and was off work for about a month or so. Company paid SSP but refused to pay Company Sick Scheme pay. Perhaps they should not pay CSSP, but I find Statement of Particulars of Employment “Company Name” Ltd (the Contract) is misleading in Sickness Absence part:
It states that both “SSP and Company Sick Scheme will not be paid until a valid certificate is received”.

To my understanding, it means that both SSP and CSSP will be paid after providing a valid certificate.

I provided required papers just after the operation believing that SSP and CSSP would be paid afterwards. I got only SSP and was told the CSSP does not apply to me:

“The company accident and sickness scheme was closed many years ago now but we still have employees who are part of it from when it was active. Although we can understand why you are saying there is nothing within your contract that suggests you are entitled to company sick pay, there is no breakdown of how such a scheme works or details of any entitlement to this. Also there is no reference to any sick pay in the wage agreement either.”

Need to note, the contract does not state whether Company Sick Scheme applies to me or not. Also, there are is no information that only SSP applies.

Find wording in the contract questionable and need an advice please. I am a full time hard worker (about 50 hours p/week) and been working for them since 2014.

Thanks for your time!

TELLIT01

Stating that a benefit will not be available until certain criteria have been met does not automatically mean that a benefit will be available once the criteria have been met.
It would seem that the company has not updated their contract documents following termination of the company sick pay system, but that doesn't mean that you have any entitlement either.
In the absence of anything in writing which actually states that you are entitled to company sick pay, you will only be entitled to Statutory Sick Pay.

pmlindyloo

Are you now back at work?

Andyraz

Yes, I am back. Thanks.