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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been signed off work sick since the 23rd Feb with work

Resolved Question:

I have been signed off work sick since the 23rd Feb with work stress, and I need to know if I will be paid and how much ?Is it down to the individual employer ? I called my payroll department and they said I had accrued 14 days full sick pay at the end of Feb and after that it would be £87.50 SSP per week I am off ?
is this correct ? You speak to so many people that tell you different things ?!
Lots of people have been saying that if its stress related sickness I should be paid in full ?
Can you help ?
Many Thanks
KR
Mrs Jane O'Brien
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. firstly can you tell me how long you have been employed there and could you tell me your monthly or weekly salary please.

Customer:

Dear Ben,

Customer:

I have been there 7 years this month. My salary is £ 2321.80 per month before tax

Customer:

Dear Ben,

Customer:

I have been there 7 years this month.My salary is £2321.80 per month before tax.

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Thanks for your patience. It does not matter what the reason for the absence is – all sickness absence can be treated in the same way, what matters is that you are off on sick leave. As to what you are entitled to then that depends on what your contract or a workplace policy says you would get. The law entitles you to receive SSP as a minimum, as long as you meet the eligibility to receive it. These criteria can be found here:

https://www.gov.uk/statutory-sick-pay/eligibility

The employer can have its own policy which pays you more than that. For how long and how much extra is entirely down to the employer. They could easily say that they pay no sick pay and that you only get SSP right from the start. So you need to check what your workplace entitlement is, but the minimum you should get is SSP. And as mentioned it does not matter that this is absence due to stress – it does not change your entitlement to sick pay.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

Dear Ben,

Customer:

Than you this sort of helps ? ! I did not realise that so much in these situations is down to your employer and that there are not more rules surrounding this

Customer:

i was also sure that stress was treated differently to say breaking your arm ?! I have heard stories during my time at work that people are off work but on full pay due to stress ?

Ben Jones :

legally it does not matter whether you are off with stress, a cold, a broken leg, etc - you are off work and signed off sick and if that is the case all sicknesses are treated the same. Otherwise everyone could try and claim it was due to stress and get paid more when the actually the reasons for being off work were absent. So it does not matter that it is stress - it is still treated the same. So check your contract or any sickness workplace policy t see what you are entitled to as that is what decides your entitlement to sick pay (apart from SSP which is decided by law)

Ben Jones :

Does this help a bit more?

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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