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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48798
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have currently been off of work sick for 6 weeks I have been

Resolved Question:

I have currently been off of work sick for 6 weeks I have been on full company sick pay my contract states "Provided you have complied with the reporting requirements and in line with your manager's absolute discretion, you will be entitled to your normal rate of pay during any sickness absence up to a maximum in any period of 12 consecutive months of which you will accrue two days company sick pay per month (including SSP) until you have been continuously employed for two years and thereafter 13 weeks at full pay."

I have been employed with the company since August 2011 and have not had any sick days previously. I got an email from my line manager stating

"
I am writing to inform you that due to your long term sick absence on the back of your formal suspension from your employment pending disciplinary action we are moving you from full pay to statutory pay as of 6th May. I must also inform you that you have the right to stay in your managers accommodation but must remind you of your responsibilities enabling you to live in, at all times you should be keeping the company accommodation in good order and that an inspection can take place at any time, due to the split level of your accommodation you are NOT permitted to smoke on the level that also houses the company kitchen and office areas as these are deemed work environments and are covered by smoking regulation laws. If you are found to be in breach of these laws and policies we do have the right to ask you to vacate the premises.

If you have any questions please do not hesitate to contact me."

Is this okay for them to do? even though they have informed me of this fact 10 days after they have decided to stop paying me?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

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?

Customer:

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

Customer:

OK thanks

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.
Customer:

Ok Ben so is my best bet to raise a grivence with my HR department?

Ben Jones : As a first step, yes
Customer:

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
Customer:

great thanks for the info. hopefully I get a result. Will use the union. have a good evening and weekend. Thanks Ben.

Customer:

Lee

Ben Jones : You too, all the best
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