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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47356
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been absent from work since June 12th to date after

Customer Question

I have been absent from work since June 12th to date after a hip replacement, fracture and TIA.
My company have been generous and paid me in full.Today I received a letter to say that as from 1st October I will be paid SSP and my phased return on the 23rd will only be paid for the hours worked.The company policy is discretionary pay.Managers decide.
Thee previous year I was off with breast cancer and as stated in the letter they paid for the 8 weeks I was off.
My only concern is that to receive this on the 15th October and not before the 1st seems rather short notice.
Is this reasonable notice?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have to worked there for?
JACUSTOMER-thizuiqn- :

7years

JACUSTOMER-thizuiqn- :

I have not received a reply yet!

JACUSTOMER-thizuiqn- :

There appears to be a problem as I keep receiving your intro

Ben Jones :

Hi, my apologies for that, it appears there were some technical issues earlier and my response could not be displayed, hopefully all is resolved now.

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.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

JACUSTOMER-thizuiqn- :

Thank you Ben.This has been very informative.

JACUSTOMER-thizuiqn- :

Thank you Ben this has been very helpful.I will be making a formal complaint now as my phased return is also on hours worked as well.

Ben Jones :

you are welcome, all the best

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi again Ben

I returned to work and raised the issue of unreasonable notice and failed to receive an explanation.She just confirmed that my pay was discretionary.

I have put my opinion in writing buy did not wish to antagonise her on my first day. Do you think I should give her my letter?

Expert:  Ben Jones replied 2 years ago.
Hi, if you have failed to resolve the issue by other means and the employer still sticks to their position, then you can move on to give them the letter and consider whether to pursue it informally in that way or use it to raise a formal grievance. Legally, you should have nothing to lose if you do so

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