Switch from Occupational Sick Pay to SSP

shinerB

Under the terms of my employment contract I am entitled to 6 weeks automatic company sick pay, after which my employers make a discretionary decision to continue that payment for a specified period, pay me at a reduced rate or switch me to Statutory Sick Pay. Nine weeks ago I went off sick with an undiagnosed condition, and since then I have had several appointments and tests with my GP and hospital, but as yet they have been unable to reach a diagnosis. I have been proactive in chasing up hospital tests but due to the covid situation these have naturally taken longer than normal. I am due to have the 'final' test, which will hopefully lead to a diagnosis and treatment, within the next 2 weeks. Throughout this period I have been in regular contact with my line manager and provided sick notes. Before my 6-week company sick pay period was approaching its end, my manager agreed to discuss the situation with HR, saying that due to my situation he would recommend an extension of my full sick pay. He claims to have received no response from HR until today, when they informed him that my company sick pay had ended and I had been put on SSP 3 weeks ago. 
My question is whether it is reasonable/legal for HR to make that 'discretionary' decision without any consultation with me or my line manager, and also whether it is reasonable/legal for me to only be made aware of this 3 weeks after the decision. 

Savvy_Sue

Legal, I'm sure it is. Reasonable too: CSP is for 6 weeks, possible that HR by default instruct payroll to move to SSP. 

Your manager can check what the usual process is, but I'm afraid it's all above board.

shinerB

Thanks. I agree that it's probably not worth arguing with, but if HR switch to SSP by default then surely they shouldn't pretend it's discretionary?

Undervalued

shinerB said:

Thanks. I agree that it's probably not worth arguing with, but if HR switch to SSP by default then surely they shouldn't pretend it's discretionary?

Why not? Maybe whilst SSP is their default after six weeks, they use their discretion to pay more in exceptional circumstances. Legally discretion is very wide unless it is so far off the mark as to be "perverse".

Remember too it the company, not the government that has to meet the cost of SSP despite the name! Long ago it was paid by the government, then for some years small companies could indirectly reclaim the cost but now the company, however big or small, has to pay it all.

TELLIT01

The default position seems to be for CSP to end after 6 weeks but that does not mean they never extend it.  Easy to be wise after the event but it would have been safer to assume SSP after 6 weeks if you heard nothing to the contrary.

TBagpuss

As others have said, I think it's both legal and reasonable - your contractual entitlement is 6 weeks then SSP, anything extra is discretionary, and on this occasion, they haven't chosen to exercise their discretion in your favour. That doesn't mean that they never do so, or that they were pretending it was discretionary when it wasn't. The fact that HR switched it to SSP automatically doesn't mean it's not discretionary, I would assume that they do that unless they have been instructed that the employer has used their discretion to extend pay at the occupational level (or indeed a different amount higher than SSP) 
Obviously none of us can know what circumstances might result in your employer exercising their discretion to pay more than the contractual amount - it may be that it would only happen in the most severe cases (e.g. someone being given a terminal diagnosis) 

Marcon

shinerB said:

Under the terms of my employment contract I am entitled to 6 weeks automatic company sick pay, after which my employers make a discretionary decision to continue that payment for a specified period, pay me at a reduced rate or switch me to Statutory Sick Pay. Nine weeks ago I went off sick with an undiagnosed condition, and since then I have had several appointments and tests with my GP and hospital, but as yet they have been unable to reach a diagnosis. I have been proactive in chasing up hospital tests but due to the covid situation these have naturally taken longer than normal. I am due to have the 'final' test, which will hopefully lead to a diagnosis and treatment, within the next 2 weeks. Throughout this period I have been in regular contact with my line manager and provided sick notes. Before my 6-week company sick pay period was approaching its end, my manager agreed to discuss the situation with HR, saying that due to my situation he would recommend an extension of my full sick pay. He claims to have received no response from HR until today, when they informed him that my company sick pay had ended and I had been put on SSP 3 weeks ago. 
My question is whether it is reasonable/legal for HR to make that 'discretionary' decision without any consultation with me or my line manager, and also whether it is reasonable/legal for me to only be made aware of this 3 weeks after the decision. 

Legal yes; but not really 'reasonable' that you are told one thing by your line manager and then HR apparently respond weeks later by saying you've been on SSP for the last 3 weeks.

The snag is that is is hard to see what you can do about it, particularly as you are in quite a vulnerable position at present. I hope you will get a clear diagnosis soon, and perhaps then would be the time to ask your employer to reconsider?

Thrugelmir

shinerB said:

My question is whether it is reasonable/legal for HR to make that 'discretionary' decision without any consultation with me or my line manager, and also whether it is reasonable/legal for me to only be made aware of this 3 weeks after the decision. 

"HR" will no doubt have referred the matter to the HR Director (if there is one) or another senior official with the authority to make a decision on behalf of the employer. By default the policy will be to switch you to SSP. Perhaps the discussion to extend occurred after the 6 weeks was up. Rather than before. Hence the delay. Likewise the decision may then have been rubber stamped at a management meeting. No need for consultation. Discretion is at the employers behest. 

Nothing legal in the matter. As not a contractual employment right.