Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
I will take a look and get back to you later today
How long have you worked there for?
Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Looking at the policy your absence is likely to be treated as Long Term Absence, which has the following terms:
“After two years’ complete service, we will provide up to 1 years full pay (basic salary only) If there’s a gap of less than six months between two periods of absence relating to the same condition, we’ll link these for the purposes of calculating LTS pay. Payment has to be authorised by a member of the HR Business Partner team and the HR Director will be advised of any long-term sickness absence of over 3 months.”
Assuming you have not yet exhausted this under the linking rule, then in general you should expect a year’s full pay. However….the wording is ‘up to’ which does not guarantee a full year’s pay and gives the employer discretion to decide how long you will receive sick pay for.
If they try and terminate it and bring it to an early end, then the rules I discussed with you previously would apply. The employer is not legally obliged to give you specific notice of that but some reasonable notice is expected in general and 4 days’ notice is unlikely to amount to reasonable notice.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.
Well, not quite. As mentioned, I think the notice they have given you is rather short and unlikely to meet the requirements of reasonableness.
You would start off with a formal grievance submitted to the employer.
Hi sorry I was offline last night when you replied.
It is likely that a grievance policy will be in the handbook but you can always ask for it specifically if it is not.
Reasonableness is difficult to measure because it can cover so many different scenarios but 4 days is unlikely to satisfy that as it is too short to make plans for the change in pay and ensure that you are ready and prepared for the drastic reduction in income
No worries, thanks
Hi Marylou, what specifically do you want to know about all of this? Also please note that checking documents is a premium service and charged extra so I won’t be able to look at these under this current question, you will have to post a new query and then depending on what you need me to look at and advise I will provide a quote for the service.
no worries at all, thank you