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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47879
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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dear sir could help me i was off work for 2 weeks i phoned

Resolved Question:

dear sir could help me i was off work for 2 weeks i phoned work to report my absence and produced sick notes covering my absence now my company are refusing to pay me and are taking dicipiinary procedures against me
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

18years

Ben Jones :

Why are they taking disciplinary action?

Customer:

i was off work for two weeks phoned on the first day that iwas sick sent in the sickness certifcates but because i didnt phone in on the second week they are refusing to pay me

Ben Jones :

Was there a specific policy you were expected to folow?

Customer:

they said i hadnt followed the appropriate procedures

Ben Jones :

But were there specific procedures in your contract or a workplace policy?

Customer:

not sure but they are saying so even though they knew i was sick

Ben Jones :

Is it company sick pay or SSP you are due?

Customer:

yes

Ben Jones :

which one?

Customer:

sorry first week was a self sick certifcate second was a doctors note

Ben Jones :

ok but what were you entitled to - company sick pay or ssp?

Customer:

company

Ben Jones :

Well it is important to check if there were any specific policies that you should have followed in these circumstances. The employer cannot insist on anything more than a self-cert for the first 7 days in order to pay you SSP. If they were paying you company sick pay on top then they could write their own rules and have specific requirements of what evidence you are supposed to provide and when. But I repeat that you must check the specific policies you should have followed - ask the employer to provide these and consider if you were ever told they existed - if you were not then you have a defence.


 


The employer has to be very careful about refusing to pay you - this is a serious step to take and should only happen when there has been a very clear breach where specific rules were not followed and they said that failure to follow them would result in no sick pay being received. It is more likely they can take disciplinary action than refuse to pay you.


 


If you followed the rules or there was no mention sick pay can be withheld then it can amount to unlawful deduction of wages, something you can pursue further if necessary.

Customer:

thankyou ben but they have never doe so before?

Ben Jones :

you mean the same situation has happened before?

Customer:

no i was off sick i had only phoned in once and they never refused payment over numerous times varing over 18 years

Ben Jones :

this will be good for your defence by showing that they have never indicated this was a problem or given you reason to believe you were doing something wrong. However it will still depend on what policy exists or if something new has been introduced since then

Customer:

thankyou ben most helpfull

Ben Jones :

You are welcome

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