Ben Jones :
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Ben Jones :
What do you hope to achieve please?
To see if my employer is allowed to cancel my sick pay midway through my sickness
Ben Jones :
OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Ben Jones : In some circumstances employees can be entitled to full company sick pay for a set period, after which their entitlement will either reduce or expire altogether. Such reductions could either be clearly stated in a contract or workplace policy, or simply be left at the employer’s discretion.In situations where an employee has been in receipt of discretionary sick pay and the employer wishes to terminate such payments, it may be advisable to give at least a month's notice to the employee. Alternatively, the employer should consider reducing their pay gradually so that the employee does not simply go from full pay to reduced pay or no pay in a short period of time.Similarly, if medical evidence shows that the employee may be able to return to work in the near future and they have only just lost their sick pay entitlement, it may be appropriate to continue paying the employee for the remainder of their absence. If there is no definitive return date, the employee has already received sick pay for some time and their entitlement has expired, the employer may be justified in terminating discretionary sick pay, subject to giving the employee some notice.Finally, employers rarely retain full discretion in relation to discretionary sick pay and it is governed by the implied contractual term of mutual trust and confidence. This term generally requires employers to act fairly and reasonably when dealing with their employees. If an employer does not act in an even handed manner, it could breach the implied trust and confidence and give the employee the opportunity to raise a grievance at first. If the matter remains unresolved, they could even consider resigning and claiming constructive dismissal, subject to having at least 2 years' continuous service with the company.As an additional point, if the employee is considered disabled in law (they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities) the employer’s actions could amount to disability discrimination.
Ok Ben so is my best bet to raise a grivence with my HR department?
Ben Jones : As a first step, yes
Thanks Ben, Would it be advisable to channel this through my trade union or directly myself wothout using my union in your opinion?
Ben Jones : The union is there to help you in such situations so if you can use them do so, but it is not imperative they are involved
great thanks for the info. hopefully I get a result. Will use the union. have a good evening and weekend. Thanks Ben.
Ben Jones : You too, all the best