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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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I have a query I hope you can answer. In the middle of

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I have a query I hope you can answer. In the middle of September I went sick with stress due to an issue with my line manager, I then made a written Grievence against him with our HR department. 4 days after this the same line manager decided that I wouldn't be getting paid company sick pay. Is he allowed to do this.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What does your contract day about this?
Customer: replied 1 year ago.
The sickness policy say it is totally at the line managers discretion, my query is because I had a Grievence going against him should he have been able to make that decision.
Expert:  Jo C. replied 1 year ago.
If an employee has been receiving discretionary sick pay and the employer wants to terminate it, it may be advisable to give at least a month's notice of that. Alternatively, your pay should be reduced gradually so that you don’t go from full pay to reduced pay in a short period of time.
Also if you may be able to return to work in the near future and have only just lost your sick pay entitlement, it may be appropriate to continue paying you for the remainder of your 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.
I should also note that employers rarely have total discretion in relation to discretionary sick pay, even I the contract says that. You will be able to rely on the implied contractual term of mutual trust and confidence. This requires employers to act fairly and reasonably when dealing with their employees. If an employer does not act in an even handed manner, it could breach the implied trust and confidence and give the employee the opportunity to raise a grievance at first. If the matter remains unresolved, they could even consider resigning and claiming constructive dismissal, subject to having at least 2 years' continuous service with the company.
Can I clarify anything for you?
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