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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75057
Experience:  Qualified Employment Solicitor
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Ben, I have attached my company current sickness policy. I

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Hi Ben, I have attached my company current sickness policy.
I have been signed off work due to work stress from beginning of June. My current fit note ends at the end of September. My company have paid me in full from June to August. My company told me on the 27th August that they will only pay me Stat sick pay commencing 1st Sept. As per attached, could you tell me if I my company at have followed their policy. Have they been over generous etc. Look forward to your response. Regards
Marylou

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

Customer: replied 10 days ago.
Thank you Ben

How long have you worked there for?

Customer: replied 10 days ago.
15 years

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.

Customer: replied 8 days ago.
Ok, so the company have sticked to their policy?
Customer: replied 8 days ago.
Thank you in advance

Well, not quite. As mentioned, I think the notice they have given you is rather short and unlikely to meet the requirements of reasonableness.

Customer: replied 8 days ago.
Hi Ben, thank you for clarifying. I am way out of my depth here.
How do I go about addressing this to my employer?
To help me financially they have authorised 5 days from my holiday entitlement to be paid in addition to Stat pay for Sept.

You would start off with a formal grievance submitted to the employer.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 8 days ago.
Ok thank you. I have asked for a copy of the employee handbook following a discussion on my Flexible working request being decline and HR replied we don’t have a copy. Would a formal grievance policy be noted on here?
Customer: replied 8 days ago.
Also what is considered to meet the requirements of reasonableness?
Customer: replied 8 days ago.
Hi Ben, apologies for all these questions. Would you be able to come back to me on my previous x2 questions please?

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

Customer: replied 7 days ago.
Thank you Ben. I will ask if I can get a copy of the grievience policy. I am currently waiting on my employer to send me an email with reasons as to why my flexible working request was decline. I may require your assurance on this also. Thanking you in advance.

No worries, thanks

Customer: replied 7 days ago.
Hi Ben, apologies for the late message. As per previous message, please let me know if I have any legal rightsI have attached the following documents.
* Flexible Working Policy
* MJ Sickness Review Letter (09/09/21) - Here is where the reason for decline.
* My Flexible Request FormPlease note:
* I have been signed off work for workload stress from the start of June
* My circumstances was due to change as my daughter start school in September which is why I have requested for Flexible Work Request to commence on the 1st September.
* My Flexible Working Request Form attached
* Last meeting minutes attached outlining reasons for decline - Is the Reason provided by my employer in line with the reasons for rejection.Hope this is enough information, I can do a timeline of event if needed.Look forward to your response.Kind Regards
Marylou

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.

Customer: replied 7 days ago.
Oh ok, apologies. I will get back to you.

no worries at all, thank you