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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I have been informed by my company they have a discretionary

Customer Question

I have been informed by my company they have a discretionary right to withhold company sick pay as I am on a capability process I was off sick last year with OH involvement due to anxiety state but followed RT W programme which finished Feb 2016 I then failed assessment again as I just bomb out under anxiety state The company has totally changed and I have been working with them for 17 years They followed up on RTW and assistance to get through the assessment but my anxiety fails me I have now been signed off sick for 6 weeks by my Gp but they will only pay me SSP I am 63 years old had planned to retire 65 or reduce hours Can you advise please
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Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What does your contract say about this?
Customer: replied 1 year ago.
It says it is Company's discretion and it was added to HR sickness absence on 18 August 2015 I would have been entitled to 3months full pay and 130 days 3/4 pay
Customer: replied 1 year ago.
Did you get that reply to your question
Expert:  Ben Jones replied 1 year ago.
Yes I did, thank you. Can you please let me know if you have actually received the entitlement you mentioned or if they have decided not to pay that to you?