Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
I think about 3 years
yes I am still here, need to check something
Employer's discretion in relation to employment benefits is rarely left 100% in their hands and is governed by implied contractual terms - in particular the implied trust and confidence term which, among other things, requires employers to be "even-handed" and not "irrational" in their treatment of employees. Whilst the employer may have the contractual right to exercise their discretion when deciding on whether to pay contractual sick pay to an employee, they must do so in a fair and reasonable way. It is possible to challenge that but only by raising a grievance first and then by resigning and claiming constructive dismissal. You cannot just bring in a separate claim and would be expected to resign to take it further.
Could you please simplify the last two sentences, because I'm not native English speaking person. Thank you
ok even if the contract says that the employer ha discretion on choosing whether to pay you sick pay, they must exercise that discretion fairly and reasonably. If you think that they have not been fair when using their discretion to make a decision then this could be challenged as a breach of trust and confidence. However, whilst you can raise a grievance (formal internal complaint) to take this further, if that is rejected the only way to challenge this is to resign and make a claim in the employment tribunal
do I have to resign in order to make the claim at the tribunal?
yes you do I am afraid, unless you are dismissed first
Can I calrify anything else for you?
can I just ask, if I get doctor's note that I've been sick ( that one must be paid for), do they still have the right to not pay me for being sick? Because I don't really want to end this employment yet.
having a doctor's note does not guarantee you get sick pay, you will get statutory sick pay which is quite low, but you will not automatically get company sick pay and the employer still has the final decision but based on the factors I mentioned above
you are welcome