UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello, my name is Ben and it is my pleasure to assist you with your question today. For now please let me know how much you are claiming.
I have asked them to pay me full till my employment end with them in Oct 2012. They have refused and also asking me to return the half of pay for june and july months, so I have brought a claim pending to be heard in ET
I am also claiming that as my training for the 1 year is not being recognised because of this sickness and I will be qualified a year late. There is 40000 GBP difference in trainee doctor and fully qualified doctor. I wonder if I can claim this money from them?
Unless your workplace policy specifically deals with different types of sickness and what you should be paid for each, it does not matter why you were off and the employer is entitled to pay you as per their policy. This would be the case even if the reason for being off sick is related to an act or omission on the employer's part. In other words, even if you were forced to go off sick due to workplace bullying, the employer would not be obliged to extend its sick pay obligations if it goes against their policy on sick pay.
So if the reasons for being off sick were related to bullying, you will be able to make a separate claim for personal injury or constructive dismissal and seek compensation for the time taken off that way. A personal injury claim can be made separately at any time, but within 3 years of the alleged injury occurring (it can also include recognised psychiatric injuries, it does not have to be a physical injury). The constructive dismissal claim would require you to resign first and then claim, which makes it rather risky. Another issue is that such claims must be made within 3 months of leaving so if you left in Oct 20122 you will now be too late to claim and PI claim may be your only option.
My eployer has discretion for extending sick pay. My employee's book say about sick pay-
My Employees book says -The authority shall have discretion to extend the application of the foregoing scale in an exceptional case. A case of a serious character, in which a period of sick leave on full pay in excess of the period of benefit stipulated above would, by relieving anxiety, materially assist a recovery of health, shall receive special consideration by the employing authority.(My emphasis)
I understand, but it is still at the employer's discretion. The law will only cover you as far as the following: if you have been receiving discretionary sick pay and the employer decides to cease making discretionary payments, it may be advisable to give you at least one month's notice of this intention, and/or to reduce it gradually so that you do not go from full pay to no pay in a short period.
Also because of this sickness my training has been extended for 1 year. Now there is a about 40000 GBP difference in pay of trainee and fully qualified doctor. As I was bullied and fall sick because of that now 1 year of training is not counted. I informed my employer which chose to ignore and did not do anything . Now that has cause a presumptive loss of 40000 GBP. How do I make a claim of presumptive loss?
In my case they paid four months from 03/04/2012 to 29/07/2012 full pay but later claim that I was entitled for full pay till 28/05/2012 and then half pay till 28/07/2012 and asking me to return half of the money paid from 28/05/2012 to 28/07/2012. Do I have a claim that I was being paid under discretion which they have later revoke and asking me to pay back without giving me a month notice. In this case after four months they only paid me statutory sick pay . Should they have given me one month notice before reducing my pay?
It will be very difficult to claim for presumptive loss, there are to many 'what ifs' and 'buts' there to be able to have a solid claim that I would advise you to take further. The issue with the month's notice is that there is nothing specific in law to say that is the notice required - it is just accepted as good practice and if the employer failed to follow this then it does not mean you are entitled to the difference that you would have been paid, rather you can treat this as a potential breach of contract by the employer which would in turn enable you to raise a grievance or consider resigning and claiming constructive dismissal
Thank you for your quick response. With regards to my situation I have initially posted the whole scenario on following link. I would be grateful if you could look in to the following link. i will be happy to pay £20 extra as a bonus if you could please answer comprehensively. thanks.http://www.justanswer.com/uk-employment-law/7rd8f-trainee-gp-doctor-employed.html?al=1&utm_source=sys&utm_medium=email&utm_content=viewya_ln&utm_campaign=info_request_sub&r=ems%7C2013-05-20%7C835%7Cln=b1_viewmyr_ln
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