Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.
How long have you worked there for?
OK, thank you, please leave 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
Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.
There is nothing in law that actually deals with such a situation. The benefits offered by your company in these circumstances are discretionary and it is entirely up to them to decide how they apply them. By law you will get the minimum entitlement to statutory sick pay for certain absences, but when it comes to full pay, this is an additional extra that can be offered by the employer and if they decide to offer it, it would be done on their terms.
Therefore, it is entirely possible for them to apply this policy on a 13-month rolling basis and I have seen many examples of when something similar has been done. On the other hand they could also ‘reset’ the entitlement once you have returned to work for a minimum period – both options are a possibility.
The key is whether the terms in the policy reflect what they are claiming. In the event that there were no specific terms dealing with the eligibility requirements, you could refer to past practice to work out how this has been applied. However, if there is no evidence that the way you are claiming was applied in the past, then it would be entirely possible for the employer to argue that the way they prefer is the one that applies and it would be legal for them to do so.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Hello again, it is important to consider whether these rules were actually communicated to the workforce - it does not mean that you had to have been given them by hand or had them included in your contract, but they should have been accessible in some way, whether on the employer's intranet, or other locations that you could gain access to. Any lack of such clarity could go against the employer to an extent but again the way to challenge this is not always easy - the grievance route would be first and after that you are really looking at considering resigning and making a claim for constructive dismissal, so it is not always easy.I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you