Statutory sick pay.. Contract says employer won't pay first 6 months employment.. any options?

AlwaysHappy

Hi there,  Just a query.. and in the scheme of things the ssp isn't important. I only started my job 2 months ago but in the last 2 weeks have unexpectedly gone from no health worries to being escalated to the cancer team. I am seeing the plastic surgeon on Tuesday.. whether or not i have cancer i am going to need hand surgery and thus expect to be off work (short a time as possible). Historically i have had one job for 32 years so am loyal but my new firm (doctors ironically) don't know me.. and in my contract it says they won't pay unless an employee has been with them over 6 months. On the one hand i do understand this, but just wondering if this leaves me with any options.... Many thanks...

comeandgo

I take it you mean your employer does not pay enhanced sick pay unless you have been there for over 6 months? Most employees are entitled to SSP from employer.

AlwaysHappy

It says the practice policy is that i aren't entitled to any sick pay from them for the first 6 months of my contract?? 

Jillanddy

I also think they mean contractual sick pay. SSP is payable if you qualify. 

General_Grant

Another vote for your contract meaning they won't operate their own sick pay scheme during the first six months not that they won't pay SSP.    What does it say will happen after the six months?

If they did refuse you statutory sick pay during those first six months, you would be entitled to written notice of why they think you do not qualify.  (Simply saying they have included not paying in their written particulars doesn't count as a valid reason.)

TELLIT01

SSP, assuming you meet the qualifying conditions, is a legal right and not something the employer can exclude by putting a clause into the contract of employment.  If they refuse to pay they must provide an SSP1 giving the reason and if they fail to do this contact HMRC.

lisyloo

I agree that it probably means you won’t get anything from the employer above your statutory entitlement.

krusty101

I would still talk to your employer and ask if they would offer you any enhancement. For Cancer particularly (sorry I hope it isn’t) a lot of places will pay more and for longer. 

Jillanddy

krusty101 said:

I would still talk to your employer and ask if they would offer you any enhancement. For Cancer particularly (sorry I hope it isn’t) a lot of places will pay more and for longer. 

Really? I have never heard of a single place that will do that, because the minute an employer makes exceptions to their contractual terms, they face potential claims of unfairness and discrimination. Why treat cancer patients better than people with MS, or heart disease? I'd be interested to know if you could list these "lot of places" because I have never come across a single one of them, and I'm sure we'd all like to look out for jobs with these amazing employers.

eamon

Cancer is a protected illness/disabilty under the Equalities Act 2010. An employer needs to tread carefully to avoid discrimination. I'm not qualified/knowledgeable enough to pass judgement.

Go back to your employer and get clarifaction re SSP and if you want to be pushy mention the Equalities Act.

Jillanddy

eamon said:

Cancer is a protected illness/disabilty under the Equalities Act 2010. An employer needs to tread carefully to avoid discrimination. I'm not qualified/knowledgeable enough to pass judgement.

Go back to your employer and get clarifaction re SSP and if you want to be pushy mention the Equalities Act.

Why? It is not discrimination to treat disabled people in the same way as you treat all others. If there is a sick pay term that says you don't get company sick pay for six months then it doesn't matter what your health condition is. You don't get company sick pay for six months if you are off sick.

What is it with people on MSE that they think the Equalities Act gives people loads of terms that non-disabled people don't get. It is a vastly over-egged law that doesn't provide anywhere near the protections that people think it does, and it certainly doesn't get you better treatment than everyone else.

Telling someone relatively new in their job to threaten their employer with a law that doesn't apply is telling them to p*** off their new employer right at the point in time when they need their employer on board - not looking for ways to get rid of them.