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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What does his contract say about his entitlement to sick pay?
His contract refers to the company handbook, which says that an employee can only have 125 Bradford points. It is not clear what this is, but he has never previously had need to look at it. Because his colitis has got worse, he has become very stressed, now depression has set in. He has had a number of other illnesses, all of which I think are related to the stress. Having looked up the Bradford system on the internet, it is clear that a number of small sick leave days has contributed to him having a very high score this year. He had had 8 days in total, in 3 instances, before his latest longer term sick leave. They rang him to tell him (while off sick) that his score was now 450 - well over the allowance of 125, and therefore they are reducing his pay. We now know that this is in his contract, but they gave no warning of this, nor any explanation prior to this that the odd days off this year had used up his allowance.
We rang the company and explained how sick he is, and they have now re-instated his pay for the month of May, but they wish to keep it under review, and may not extend it further,
We feel that he should have had much more warning than this, and that any reputable company should not simply apply the Bradford system to pay without good reason.
I am not entirely happy with this answer. My issue really is about the way in which the company is applying their sick pay scheme, and the fact that after 13 years of next to no sickness, our son was stopped pay when he had only had 8 days off work. This is a misapplication of the Bradford scheme surely, as it is designed to flag up persistent offenders, not genuinely sick people. I also feel that they should have given more warning of potential loss of pay, rather than just ringing him to tell him his pay was being stopped.
If you are saying they have the right to do this, then so be it, but surely it is poor practice?