Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What does your contract actually say about sick pay entitlements?
Hi, the contract does not mention anything about sick pay. Just states the salary package:
It just states slalary package (salary per annum), hrs of business, probationary period, holiday entitlement, commencement date, Bank holidays and Notice Periods.
Hi, please can you advise as soon as possible. If I have any legal options I need to raise it with them in the morning. Many thanks
Hi, sorry I was in tribunal by the time you had replied. If your contract does not state anything about contractual sick pay then whether you get sick pay on top of SSP when you are off sick is something left entirely at the employer’s discretion. Initially they may have agreed to pay you full pay for the time you were off sick, although that would have been based on the circumstances known to them at the time – that you were a valued member of staff, still committed to the company. However, things changed immediately after because you submitted your notice and decided to leave. This would have significantly changed the circumstances under which the employer had agreed to pay you full pay during your sickness period. You were no longer committed to the company as you had decided to leave and assuming the employer had known that these were your intentions at the time they decided to agree to pay you, then this is likely to have changed their original decision.
So the main issue here is that you do not have a contractual right to sick pay and that any sick pay is paid entirely at the employer’s discretion. Given that the employer decided to exercise their discretion here, the fact that you immediately after that decided to resign means that their discretion could be withheld because your circumstances had changed significantly when compared to the ones that applied at the time the employer exercised their discretion originally.
Whatever the situation, you cannot force them to pay you and the only way to challenge this would be to go through the employment tribunal, which carries its own risks as you will have to pay claim fees, etc and may walk away with a loss if you are unsuccessful.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thanks for your help. Something for me to be aware of with my new employer then!