I wasn't paid to be off sick when I should have been - can I claim it back?

BikerMooFromMars

EDIT: I had worked at the dental practice for 3 years at that stage. Also I meant to say full pay for 3 weeks, not 4!
Hi all, I was wondering if anyone could help please? 
Around this time a couple of years ago I broke my foot badly and was off work for 6 weeks. My workplace were very unsupportive about it all, but I couldn't work as I'm a dental nurse and usually on my feet all day. I had sick notes and sent them in, and only received statutory sick pay - everyone at work knows we don't get sick pay.
...That is until recently I've had a grievance at work and I reviewed my contract. I'm going to sound like a complete moron, but I just scanned my contract when I was given it back in 2015 - apparently I should've had full pay for the first 4 weeks and part-pay after then!  I'm not the only one in the practice who is surprised. I can't believe it, I feel so strupid!   
I brought this up with my new-ish manager yesterday (she has been here for 6 months). We were taken over by a corporate private dental company just before my accident and I only received SSP for it.
She says she has spoken to HR since and says there is nothing that they can do - I had to have brought it up within 3 months of the issue. Is this right please? Is there any way I can fight to get my money back? I'd just been through a divorce and moved out to rented accommodation on my own and was absolutely wiped out financially by this and my house deposit. She told me to check the ACAS website that states this and sent me the link, but I can't find any information relating to it (https://www.acas.org.uk/check-if-your-employer-can-make-deductions-from-your-wages) . This is the section of my contract relating to SSP;


Any advice would be greatly appreciated please!!
Many thanks in advance x 

Undervalued

Well, if you have a hard and fast entitlement to the money then like any other debt you could sue them at any time up to six years from when it was due (five in Scotland).

I stress if because it is rare these days for company sick pay not to be in some way discretionary rather than an absolute right.

Regardless of your theoretical legal right you need to consider whether it is wise to sue your current employer if you intend to continue working there!

TBagpuss

I would edit your post to obscure the names in the contract as it makes you very identifiable. 


https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/making-an-employment-tribunal-claim-is-it-worth-it/employment-tribunals-will-you-win-your-claim/employment-tribunals-winning-a-claim-if-your-employer-owes-you-money/ suggests that you have to claim within 3 months.

It's my understanding that  the specific employment regs. would 'trump' the normal 6 year limitation period, but you may wish to check that.  It's my understanding that the 6 years is a default where no other limitation is specified.

Undervalued

TBagpuss said:

I would edit your post to obscure the names in the contract as it makes you very identifiable. 


https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/making-an-employment-tribunal-claim-is-it-worth-it/employment-tribunals-will-you-win-your-claim/employment-tribunals-winning-a-claim-if-your-employer-owes-you-money/ suggests that you have to claim within 3 months.

It's my understanding that  the specific employment regs. would 'trump' the normal 6 year limitation period, but you may wish to check that.  It's my understanding that the 6 years is a default where no other limitation is specified.

That relates to an employment tribunal where a 3 month limit (with a few exceptions applies).

Non payment of wages can be pursued in the county court (6 years) and assuming there is a contractual entitlement to the company sick pay (unusual as I said earlier but possible) then I think this claim could also be made in a county court.

I still don't think it is a wise move unless the OP is leaving anyway!

BikerMooFromMars

Hi there, I am leaving next Thursday  - they're letting me leave early because the manager broke General Dental Council standards and the Whistleblowing Policy and caused me so much stress I had a panic attack and then handed in my notice after being a caring and valuable employee for nearly 6 years - it was all very upsetting. I had a meeting with the Practice Manager and Area Manager and I think they're just grateful that I'm not trying to take matters further. I'm just working my notice period currently, my last day is next week.
Surely they should have paid me this money, and if it states in the contract I should be paid it I would like to pursue it. Any idea how I go about this please? Or anything I need to read up on before I try to take matters further? Many thanks!! 

MalMonroe

BikerMooFromMars said:

Hi there, I am leaving next Thursday  - they're letting me leave early because the manager broke General Dental Council standards and the Whistleblowing Policy and caused me so much stress I had a panic attack and then handed in my notice after being a caring and valuable employee for nearly 6 years - it was all very upsetting. I had a meeting with the Practice Manager and Area Manager and I think they're just grateful that I'm not trying to take matters further. I'm just working my notice period currently, my last day is next week.
Surely they should have paid me this money, and if it states in the contract I should be paid it I would like to pursue it. Any idea how I go about this please? Or anything I need to read up on before I try to take matters further? Many thanks!! 

Hi, I'm really sorry to hear about this and all the trouble you've encountered. It beggars belief that nobody at the practice told you, when you broke your foot in the first place, that you were entitled to sick pay from the practice. 

I understand you are leaving but it doesn't mean that the case could not be settled retrospectively. Why don't you actually telephone Acas and ask to speak to an advisor? If you want to take this to a Tribunal you will have to do it through Acas anyway so it makes sense to have a chat with someone. They usually allocate you an advisor and that's the person you will always talk to. It's all very well reading up on things but if you can actually speak with someone who knows what they're talking about, it's very helpful. 

I took a case to Tribunal a few years ago and the Acas advisor was really good. [The case was settled before it actually got to court, to my satisfaction. . .]

https://www.acas.org.uk/contact

You don't have anything to lose. Good luck! 

BikerMooFromMars

MalMonroe said:

BikerMooFromMars said:

Hi there, I am leaving next Thursday  - they're letting me leave early because the manager broke General Dental Council standards and the Whistleblowing Policy and caused me so much stress I had a panic attack and then handed in my notice after being a caring and valuable employee for nearly 6 years - it was all very upsetting. I had a meeting with the Practice Manager and Area Manager and I think they're just grateful that I'm not trying to take matters further. I'm just working my notice period currently, my last day is next week.
Surely they should have paid me this money, and if it states in the contract I should be paid it I would like to pursue it. Any idea how I go about this please? Or anything I need to read up on before I try to take matters further? Many thanks!! 

Hi, I'm really sorry to hear about this and all the trouble you've encountered. It beggars belief that nobody at the practice told you, when you broke your foot in the first place, that you were entitled to sick pay from the practice. 

I understand you are leaving but it doesn't mean that the case could not be settled retrospectively. Why don't you actually telephone Acas and ask to speak to an advisor? If you want to take this to a Tribunal you will have to do it through Acas anyway so it makes sense to have a chat with someone. They usually allocate you an advisor and that's the person you will always talk to. It's all very well reading up on things but if you can actually speak with someone who knows what they're talking about, it's very helpful. 

I took a case to Tribunal a few years ago and the Acas advisor was really good. [The case was settled before it actually got to court, to my satisfaction. . .]

https://www.acas.org.uk/contact

You don't have anything to lose. Good luck! 

That's bloody brilliant, thank you so much!!!! Really appreciate it, and everyone else who has responded 

68ComebackSpecial

As your employer changed prior to your accident you would need to check whether you had agreed to waive any of the terms of your original contract upon your transfer.

JCS1

MalMonroe said:

BikerMooFromMars said:

Hi there, I am leaving next Thursday  - they're letting me leave early because the manager broke General Dental Council standards and the Whistleblowing Policy and caused me so much stress I had a panic attack and then handed in my notice after being a caring and valuable employee for nearly 6 years - it was all very upsetting. I had a meeting with the Practice Manager and Area Manager and I think they're just grateful that I'm not trying to take matters further. I'm just working my notice period currently, my last day is next week.
Surely they should have paid me this money, and if it states in the contract I should be paid it I would like to pursue it. Any idea how I go about this please? Or anything I need to read up on before I try to take matters further? Many thanks!! 

Hi, I'm really sorry to hear about this and all the trouble you've encountered. It beggars belief that nobody at the practice told you, when you broke your foot in the first place, that you were entitled to sick pay from the practice. 

I understand you are leaving but it doesn't mean that the case could not be settled retrospectively. Why don't you actually telephone Acas and ask to speak to an advisor? If you want to take this to a Tribunal you will have to do it through Acas anyway so it makes sense to have a chat with someone. They usually allocate you an advisor and that's the person you will always talk to. It's all very well reading up on things but if you can actually speak with someone who knows what they're talking about, it's very helpful. 

I took a case to Tribunal a few years ago and the Acas advisor was really good. [The case was settled before it actually got to court, to my satisfaction. . .]

https://www.acas.org.uk/contact

You don't have anything to lose. Good luck! 

I think a tribunal needs to be within 3 months of the date of action, so would be classed as out of time.  But please do speak to ACAS to confirm.

oh_really

BikerMooFromMars said:

caused me so much stress I had a panic attack and then handed in my notice after being a caring and valuable employee for nearly 6 years - it was all very upsetting. I had a meeting with the Practice Manager and Area Manager and I think they're just grateful that I'm not trying to take matters further.

This may put you in a position of some strength. I'd be inclined to chat with them to gauge just how grateful they intend to be towards you. If you indeed had entitlement to sick pay and the weaselled their obligations I'm not sure I would have any sympathy for the group, who lets face it, may well be in a fire fighting exercise with their principle dentist and practice manager.

From their perspective this isn't a fight worth getting involved in when it can so easily go away.

I wouldn't be holding back.

74jax

Where does it say you would get 4 weeks full pay?

Am I right in thinking if you are leaving next week after nearly 6 years, the sickness happened soon after starting? 

You need to blank out names.