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

Undervalued

JCS1 said:

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.

See my earlier posts (2nd and 4th posts in the thread).

Manxman_in_exile

74jax said:

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. 

I don't think you are right?  The OP says nearly six years service now (contract in 2015) and that the broken foot happened only a couple of years ago?

Manxman_in_exile

Undervalued said:

JCS1 said:

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.

See my earlier posts (2nd and 4th posts in the thread).

I agree with you.  Everybody saying that there is a is a 3 months (or thereabouts) limitation period is only talking about Employment Tribunals.

If (and I stress "If") the OP was entitled to sick pay under her employment contract, then that should be a straightforward contract claim and would be subject to the normal six year (five in Scotland) limitation period.  The OP would simply need to make a money claim through small claims within six years (or five), so if she was off sick two years ago she has about another four (or three) years in which to claim.

Anybody who has a purely money claim against an employer (eg unpaid wages or money otherwise owed to them under their contract) needs to claim through the courts and steer clear of the potential minefield that is an Employment Tribunal.  I'm not sure ACAS would understand that.  (Sounds like her employer's HR don't realise this either.  What a surprise).

(I'm not a lawyer though, so the OP should get the above comments verified by somebody else.  It is, however, my understanding of this situation - assuming the OP is actually entitled to Occupational sick pay in the first place.)

74jax

Manxman_in_exile said:

74jax said:

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. 

I don't think you are right?  The OP says nearly six years service now (contract in 2015) and that the broken foot happened only a couple of years ago?

I don't think I am either, now you have pointed it out... 🙈

BikerMooFromMars

Sorry for any confusion, and I have blanked out names in the OP now!
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!
Ok, I reeeally appreciate ALL of this advice, and I shall be calling ACAS this afternoon. Many MANY thanks to you all xx 

BikerMooFromMars

Manxman_in_exile said:

I agree with you.  Everybody saying that there is a is a 3 months (or thereabouts) limitation period is only talking about Employment Tribunals.

If (and I stress "If") the OP was entitled to sick pay under her employment contract, then that should be a straightforward contract claim and would be subject to the normal six year (five in Scotland) limitation period.  The OP would simply need to make a money claim through small claims within six years (or five), so if she was off sick two years ago she has about another four (or three) years in which to claim.

Anybody who has a purely money claim against an employer (eg unpaid wages or money otherwise owed to them under their contract) needs to claim through the courts and steer clear of the potential minefield that is an Employment Tribunal.  I'm not sure ACAS would understand that.  (Sounds like her employer's HR don't realise this either.  What a surprise).

(I'm not a lawyer though, so the OP should get the above comments verified by somebody else.  It is, however, my understanding of this situation - assuming the OP is actually entitled to Occupational sick pay in the first place.)

Massive thanks for this - I will contact ACAS this afternoon and seek advice elsewhere if needed!!!

Undervalued

BikerMooFromMars said:

Manxman_in_exile said:

I agree with you.  Everybody saying that there is a is a 3 months (or thereabouts) limitation period is only talking about Employment Tribunals.

If (and I stress "If") the OP was entitled to sick pay under her employment contract, then that should be a straightforward contract claim and would be subject to the normal six year (five in Scotland) limitation period.  The OP would simply need to make a money claim through small claims within six years (or five), so if she was off sick two years ago she has about another four (or three) years in which to claim.

Anybody who has a purely money claim against an employer (eg unpaid wages or money otherwise owed to them under their contract) needs to claim through the courts and steer clear of the potential minefield that is an Employment Tribunal.  I'm not sure ACAS would understand that.  (Sounds like her employer's HR don't realise this either.  What a surprise).

(I'm not a lawyer though, so the OP should get the above comments verified by somebody else.  It is, however, my understanding of this situation - assuming the OP is actually entitled to Occupational sick pay in the first place.)

Massive thanks for this - I will contact ACAS this afternoon and seek advice elsewhere if needed!!!

Although one or two regular posters seem to think the sun shines out of ACAS's eyes (or elsewhere!), it is important to understand the limitations. In the first instance you are talking to a call centre staffed by people with limited training largely reading from a script. It is not a substitute for proper legal advice. At higher levels in ACAS you obviously get a more expert service but, quite rightly, they are neutral so it is not like having somebody expert in your corner helping you find the best line of attack.

oh_really

Why are you going anywhere near ACAS, what do you expect of them, you've already been given advice. /^^\!

BikerMooFromMars

oh_really said:

Why are you going anywhere near ACAS, what do you expect of them, you've already been given advice. /^^\!

Because that is who work have quoted, but they have helped me with my issue aswell as you lovely lot on here - they stated that the 3 month rule applies under an breach of contract, however this is also considered an unlawful non payment of wages, of which can go to tribunal. .

So I have typed this in my email reply to work, saved in my drafts currently;
"ACAS have stated that the 3 month rule applies under an breach of contract, however this is also considered an unlawful non payment of wages, of which can go to tribunal and would be subject to the normal six year limitation period, as there is a contractual entitlement to the company sick pay."
If this sounds ok, please let me know!! 

Undervalued

BikerMooFromMars said:

oh_really said:

Why are you going anywhere near ACAS, what do you expect of them, you've already been given advice. /^^\!

Because that is who work have quoted, but they have helped me with my issue aswell as you lovely lot on here - they stated that the 3 month rule applies under an breach of contract, however this is also considered an unlawful non payment of wages, of which can go to tribunal. .

So I have typed this in my email reply to work, saved in my drafts currently;
"ACAS have stated that the 3 month rule applies under an breach of contract, however this is also considered an unlawful non payment of wages, of which can go to tribunal and would be subject to the normal six year limitation period, as there is a contractual entitlement to the company sick pay."
If this sounds ok, please let me know!! 

I think you have either misunderstood ACAS or they have given you duff info!

A time limit of 3 months exists for virtually all employment tribunal claims (although it can be extended under very limited circumstances).

Unlawful non payment of wages (and I believe some other breachs of contract) can also be claimed in the county court where a six year limit applies (five in Scotland).