How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70840
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I have in my contract that i am entitled to 6weeks sick pay.

This answer was rated:

Hello. I have in my contract that i am entitled to 6weeks sick pay. I have had to isolate by NHS track and trace for 2 weeks. My company is now stating that i will not recieve my contractual sick pay, and instead recieve SSP. Are they allowed to do this? Thanks
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: My manager is insisting this is the case. I have contacted HR but no reply, as all HR communication is done through our manager normally, which is the problem in this case as i believe management are wrong, but i am not 100%
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am a employee for 12 years. I do not belong to a union unfortunately
JA: Anything else you want the Lawyer to know before I connect you?
Customer: At the start of the pandemic, a FAQ document was shared throughout the company about what to do for isolation etc. It stated that all staff will recieve SSP for isolation, unless they have a contractual entitlement to sick pay.

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.

Customer: replied 8 days ago.
Ok thanks
Customer: replied 8 days ago.
No call

Hi there. I am sorry to learn of the situation you are in. What reason has your manager provided for not wanting to pay your contractual sick pay?

Don’t worry about the pop-up mentioning a phone call – this is an automatic offer made by the system giving you the opportunity to pay extra to discuss things over the phone. However it is entirely optional, so if you just provide the information requested we can continue in writing on here at no extra cost.

Customer: replied 8 days ago.
That he cant pay sick pay to everyone because they didnt realise how big this pandemic was going to be

OK thank you, ***** ***** I just check had you you been furloughed at all?

Customer: replied 8 days ago.
No i haven't been furloughed and have worked through.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

By law you are certainly entitled to SSP for a period of self-isolation as the rules were changed to specifically include that to the situations when SSP becomes payable. If, at the same time, you also have guaranteed contractual sick pay, that should also apply as you are basically not fit for work due to a health matter and therefore that still makes you be off on sick leave. If the contractual sick pay was discretionary, the employer could potentially exercise such discretion and not pay you for the self-isolation period, however if there are no conditions attached to such an entitlement, then it should be automatically paid. It is unfortunately that the employer did not envisage how many people may suddenly be entitled to such sick pay, but that does not remove the employees’ rights to expect it to be paid.

If the employer is not willing to budge, then at first a grievance should be raised about it. You can get a detailed explanation of the grievance process here:

https://www.acas.org.uk/grievance-procedure-step-by-step

In summary, an employee is expected to submit their concerns in writing and send them to their line manager, or whoever is nominated as the person to send grievances to under an official workplace grievance policy.

The complaint should include details of what the grievance is about, any evidence that may exist which is relevant and also what the employee wants their employer to do about this issue.

Once the grievance has been submitted, the employer is expected to arrange a formal grievance hearing, inviting the employee to attend and discuss the nature of their complaint. The meeting is also as an opportunity to ask for further clarification or information, as required.

Following the meeting, the employer will take time to consider all the issues and evidence and then make a decision, communicating it to the employee. If the outcome is not to the complainant’s satisfaction, they can appeal and get a second opinion from a different person assigned by the employer to consider the appeal. Once the appeal is also completed, that brings to an end the formal grievance process and there is no option to escalate it further internally.

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.

Customer: replied 8 days ago.
Thanks Ben. Thaths helped a lot!

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best

Ben Jones and other Law Specialists are ready to help you