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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 41835
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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can my company with hold my sick pay (company) I have an excellent

Resolved Question:

can my company with hold my sick pay (company) I have an excellent attendance over the last 10yrs but I am sufferring from clinical depression brought on by work related stress from the last 6 months and have been targetd at every opportunity as if being managed?? I am now off sick they are withholding my full benefit for sick pay ? I was pending a disciplinary but cracked under the pressure? please help?
Submitted: 4 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 4 years ago.
Hello and thank you for your question, which I will gladly help with. Please let me know what reason have they given for this?
Customer: replied 4 years ago.

they did not give a reason did not know they would pay ssp until i received my recent pay slip and I had to ask for that as well ? and realised I was seriously underpaid I have checked my contract and it states they have sole descretion over sick pay (co) but they did not even inform me I beleive they have done this as I was due for a disciplinary hearing and pretty much had a break down and my gp signed me off as incapapble to cope with my current situation. does this help?

Expert:  Ben Jones replied 4 years ago.

What is your sick pay entitlement and is it guaranteed or discretionary?

Customer: replied 4 years ago.

discretionary and there is a table of payment which I am entitled to 12 weeks full pay with 4 yrs contiuous service which I have 10yrs and no issues and clean record aswell

I have been paid full sick before but only probably a week all for the last year and 1 full week when I had serious illness in 2006 with shingles

Expert:  Ben Jones replied 4 years ago.
So how long have you been off for on this occasion?
Customer: replied 4 years ago.
3 weeks so far
Expert:  Ben Jones replied 4 years ago.
If an employee has been receiving discretionary sick pay and the employer decides to cease making discretionary payments, it may be advisable to give at least one month's notice of this intention to the employee, and/or to reduce it gradually so that the individual does not go from full pay to no pay in a short period.

The employer should also weigh up the benefit of continued payment to the employee in the particular circumstances, against the cost of paying the benefit. For example, if there is medical evidence to the effect that the employee may be able to return to work in a few weeks and their sick pay entitlement has only just expired then it may be appropriate to continue to pay the employee. If there is no projected date for the employee's return, they have already been in receipt of sick pay for a number of months and the benefit has expired, the employer may be more justified in taking the view that continued payment would not be appropriate.

Employer's discretion in relation to employment benefits is rarely "absolute" and is governed by implied contractual terms - in particular the implied trust and confidence term which, among other things, requires employers to be "even-handed" and not "irrational" in their treatment of employees. In addition, employers should consider whether their decision to terminate a discretionary payment is open to challenge as an act of unlawful discrimination.

As you have clinical depression, assuming it is a long-term condition that substantially affects your ability to carry out your normal day to day activities, you are likely to be classified as disabled under law.

It is possible that some disabled employees may need to take more sickness leave than employees who are not disabled. This raises the question whether, notwithstanding a provision to extend payment on a discretionary basis, their sick pay policies should remove mandatory cut-off points which might put disabled employees at a substantial disadvantage, as compared to non-disabled employees, by way of a reasonable adjustment, which is a duty the employer has.

So there is a good argument here that the employer has not acted fairly and in the spirit of the employment contract and has possibly even discriminated against you.

Please press Accept and I can expand my answer and provide more detailed advice and guidance as required. I will also answer any specific questions you may have. Thank you
Ben Jones, UK Lawyer
Satisfied Customers: 41835
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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