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

krusty101

Jillanddy said:

krusty101 said:

Jillanddy said:

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.

I don’t actually need to list anything for you, but as you’re asking, I’ve worked in HR for 16 years for a massive contract caterer/outsourcing business and in independent healthcare and for the big part they’ve paid people full pay and for longer for cancer. Because a lot of managers have discretion to pay what they like, and they do. Happy now?! 

Of course you have.  And of course you don't have to provide any evidence.  And of course managers can pay anything they like regardless of the law or the risk to their employers of them doing so.  But hey,  catering/ hospitality and private healthcare are just renowned for their fantastically generous terms of employment. So your completely unsupported claim is really believable. 

But you just confirmed my opinion of HR.

Wow, you’re nuts. What ‘evidence’ would satisfy you? A copy of my CV, a link to my LinkedIn profile? (rhetorical question - I don’t want to have to converse with such an unnecessarily nasty and hostile person again). Anyhoo, I’m saying that some managers have discretion to pay what they like, and as reasonable human beings, when faced with the big C, pay over and above. I merely suggested the OP have a word. But you clearly know best! Have a nice evening. 

MalMonroe

AlwaysHappy said:

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...

Hi, I'm very sorry to hear about your illness.

What I'd do in your position would be to phone acas - link here -

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

There's also some info from acas here -

https://www.acas.org.uk/absence-from-work

If they can't help you maybe Citizens Advice could help with info about any benefits you may be able to claim. 

May as well put their link, too!  https://www.citizensadvice.org.uk/

Good luck. I do hope you get everything sorted out soon, it must be a very worrying time altogether but reassuringly, it sounds like the medics are on the ball.

Thrugelmir

MalMonroe said:

AlwaysHappy said:

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...

Hi, I'm very sorry to hear about your illness.

What I'd do in your position would be to phone acas - link here -

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

There's also some info from acas here -

https://www.acas.org.uk/absence-from-work

If they can't help you maybe Citizens Advice could help with info about any benefits you may be able to claim. 

May as well put their link, too!  https://www.citizensadvice.org.uk/

Best first to understand fully the employers sickness policy. Little point in wasting ones own time and that of already over stretched services with matters that are quickly and easily resolved. 

simongregson

I'd have a discussion with your manager. Firstly because you might find that they go over and above the policy so your worries are unfounded. Secondly by informing your employer you ensure that they are aware of their obligations under the equality act, which won't get you extra sick pay but will give you protection from dismissal that you do not normally have in your first two years with an employer, and reasonable adjustments such as changes to triggers for absence procedures and time off for medical appointments etc.

I'd add I wouldn't quote the equality act at them, just informing them of the issue is enough.

Jillanddy

*Secondly by informing your employer you ensure that they are aware of their obligations under the equality act, which won't get you extra sick pay but will give you protection from dismissal that you do not normally have in your first two years with an employer, and reasonable adjustments such as changes to triggers for absence procedures and time off for medical appointments etc.*

The protections of the Equality Act are much over-egged. They do not include a guarantee of anything - you are not protected from dismissal, you do not get changes to absence triggers, and you do not get time off for medical appointments. You may get the last two - if the employer is able to offer them, which many small employers can't. You do not get protection from dismissal. You should not be dismissed solely because of your health condition, but you can certainly be dismissed for any other reason, including the fact that the employer cannot sustain regular sickness absences. Many large employers may offer some leeway, but not everyone is a large employer, and with the best will in the world, even they may dismiss eventually.

TELLIT01

krusty101 said:

I don’t actually need to list anything for you, but as you’re asking, I’ve worked in HR for 16 years for a massive contract caterer/outsourcing business and in independent healthcare and for the big part they’ve paid people full pay and for longer for cancer. Because a lot of managers have discretion to pay what they like, and they do. Happy now?! 

You have actually confirmed what people here are saying.  There is no legal obligation to increase full pay etc for people with cancer.  Companies may choose to do that but there is no right on the part of the employee to demand it.  I have worked at places where the standard trigger points for investigation have been removed in such cases but that is often because the company realises it's wasting managers time, not from concern for the employee.