Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is her contractual entitlement to sick pay, what does the contract say about it?
I see the contract mentions sick pay is paid for 'one year' - is that defined anywhere? Or has previous practice defined this in any way?
Ok the tax year generally does not have any relevance on this, unless it was specifically stated that this is what the employer used as a period to measure sickness absence by. Usually the year that they determine sick pay eligibility would either be a fixed period from date A to date B (e.g. 1 Jan to 31 Dec), or a rolling 12 month period so when a person is claiming sick pay they would just go back over the last 12 months from that date and see how much they have used up. The absence of a definition of what ‘a year’ means here could make it a bit more difficult to determine her rights and she would need to check how this has been applied in the past, not just to her but to others too. For example, if the policy applied over a rolling 12 month period, then she could easily have used up a chunk of her sick pay at some point over the last year and this can now be offset against any other sick pay she is due at this stage. Also it is worth mentioning that the sick pay she has already used up will carry over to her new employer - it does not reset if there is a TUPE transfer – the contract and everything that has happened so far moves to the new employer – warts and all, so they can offset sick pay already used up from the previous employer as long as it falls within the relevant period for which it is determined.
You are most welcome