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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47907
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was a salary paid catering manager private nursing

Customer Question

hi i was a salary paid catering manager for a private nursing home ,i injured myself on holiday ,i handed in my notice before i went on holiday up to this point i have always recieved full pay when sick ,but i have only recieved statutory sick pay for the last 4 weeks i have been ill ,my company insisted i gave 2 months notice this i did ,the agreement to pay sick at full pay was not in the contract i think ,but pointed out to me by the owner of the carehome and as i said i have always recieved full pay in the past ,as i was still in the contract can they change the rules without my agreement
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What was your contractual notice period?
Customer: replied 1 year ago.
2 months
Customer: replied 1 year ago.
i was sick in the last month of my notice
Customer: replied 1 year ago.
this was due to a swimming injury i sustained on holiday
Expert:  Ben Jones replied 1 year ago.
What does the contract actually state about your entitlement to sick pay?
Customer: replied 1 year ago.
no thanks to expensive
Customer: replied 1 year ago.
my original message explains this
Customer: replied 1 year ago.
its not in the contract it was a verbal agreement with owner,however i have always recieved full pay when sick
Customer: replied 1 year ago.
so i see this was a waste of £19
Customer: replied 1 year ago.
thanks when you need help your just another rip off company
Expert:  Ben Jones replied 1 year ago.
Not sure what you are referring to but I do need to draft my response so I cannot s reply with your full answer in the space of a minute or two
Expert:  Ben Jones replied 1 year ago.
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. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take should you decide to pursue this more formally and try to claim back the sick pay you believe you are due, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
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Customer: replied 1 year ago.
hi i contacted my employer he said it was managers discretion on when sick pay is made i was also owed 2 weeks holiday pay but as i was salaried i dont acrue holiday pay ,thanks for your help but unfortunatley my ex boss is obviously a xixjdbch thanks david warwick
Expert:  Ben Jones replied 1 year ago.
You are welcome all the best