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

BikerMooFromMars

Undervalued said:

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).

I typed what they wrote to me, but perhaps I misunderstood. Ok, I will re-phrase the email tonight. Appreciate all this help so much! x

Manxman_in_exile

OP - read what Undervalued has written again.

Almost all employment matters that are brought before Employment Tribunals have to be commenced within 3 months of whatever the alleged breach was.  An Employment Tribunal is no use to you because the non-payment of sick pay was two years ago - well outside the time limit.

But because your right to sick pay was written into your contract*, you can still bring a claim against your employer in the courts because the time limit for a contractual claim is six years (five in Scotland).

Forget about an ET and what ACAS and your employer have said.  In my experience HR people can be fairly good when dealing with what I call "Statutory Employment Law" matters like Employment Tribunals, but they often don't understand much about basic contract law and the ordinary courts.

But by all means you should try to get other advice.  I presume you are not in a union?

*I forget who it was but somebody posted earlier that the terms of your original contract may have been superseded when your employer changed shortly before your broken ankle.  You need to try to find out if your contract entitlement remained the same after your employer changed.

74jax

I would avoid ACAS at all cost, use their website for info, get free half hour with a solicitor if you want, but avoid calling ACAS.  You only really get to speak to knowledgeable people there far far down the line - as you have found by them putting in an email duff info already. Send their email back to them and ask them to clarify.