Statutory sick pay
Discussion
quick question for a friend. Said friend has just returned to work after 4 weeks absence with full doctors notes etc. legitimate illness. Work paid her SSP this month £79 a week. And then took it away again in the pay slip leaving friend with about a fiver to live off for the rest of the month. friend contacted HR who said payslip is correct and SSP removed because friend was paid in full for two weeks of the previous month and should have only been paid SSP. IE/ there mistake. No one from work suggested that SSP would be paid for this absence at all. friend was led to believe she was covered at full weekly wage etc. SSP was only discussed at a back to work meeting.
2 questions.
1. is this legal?
2. Can it be construide as constructive dismissal if company have not given friend any SSP to live off and hence no petrol money to get to work etc.
bearing in mind friend has no credit cards or ability to loan money.
said friend is off to see CIT advice asap.
any suggestions would be most helpful.
2 questions.
1. is this legal?
2. Can it be construide as constructive dismissal if company have not given friend any SSP to live off and hence no petrol money to get to work etc.
bearing in mind friend has no credit cards or ability to loan money.
said friend is off to see CIT advice asap.
any suggestions would be most helpful.
friend is waiting for contract details to come. lost her copy...(DOH) doesnt help i know.
Said friend was paid a full months wage the month previously. we think this is their error. They surely should be negotiable and perhaps take a £50 payment of consequtive pay cheques until the overpayment is done. otherwise my friend really cannot get to work. Hence they can then sack. would this be constructive dismissal in that case.
Said friend was paid a full months wage the month previously. we think this is their error. They surely should be negotiable and perhaps take a £50 payment of consequtive pay cheques until the overpayment is done. otherwise my friend really cannot get to work. Hence they can then sack. would this be constructive dismissal in that case.
musclecarmad said:
also, when you start a job you need to know the following:
contractual sick pay entitlement and discretionary sick pay you may have, and any details of corporate benefits such as phi cover.
details of death in service benefit
details of the pension and exactly how it works
details of holidays and how they work
details of all other work benefits
review them inline with your financial situation.
obviously sorry to hear it but your friend is naive to think that her employer would have just paid her full pay for being off work sick!!
She will have to borrow the money from someone, go into her overdraft, walk to work, get a lift to work, get a credit card (most should have one for emergencies) or do something else such as explain the situation to her employer and offer to pay it back at £100 per month for the next X months so she can get to work
that is not what i said. Its the fact that they paid ssp. and then decided not to pay it and deducted the same amount from pay cheque. Ie paid £500 then removed £500. with no explanation. Despite at the back to work meeting being told she would get full Sick pay.contractual sick pay entitlement and discretionary sick pay you may have, and any details of corporate benefits such as phi cover.
details of death in service benefit
details of the pension and exactly how it works
details of holidays and how they work
details of all other work benefits
review them inline with your financial situation.
obviously sorry to hear it but your friend is naive to think that her employer would have just paid her full pay for being off work sick!!
She will have to borrow the money from someone, go into her overdraft, walk to work, get a lift to work, get a credit card (most should have one for emergencies) or do something else such as explain the situation to her employer and offer to pay it back at £100 per month for the next X months so she can get to work
As for OD or credit card friend cannot have either. and walking to work at 30 miles there and back is not an option.
HR dont seem interested. We think we will have to help with advice and going the legal route
musclecarmad said:
jessica said:
musclecarmad said:
also, when you start a job you need to know the following:
contractual sick pay entitlement and discretionary sick pay you may have, and any details of corporate benefits such as phi cover.
details of death in service benefit
details of the pension and exactly how it works
details of holidays and how they work
details of all other work benefits
review them inline with your financial situation.
obviously sorry to hear it but your friend is naive to think that her employer would have just paid her full pay for being off work sick!!
She will have to borrow the money from someone, go into her overdraft, walk to work, get a lift to work, get a credit card (most should have one for emergencies) or do something else such as explain the situation to her employer and offer to pay it back at £100 per month for the next X months so she can get to work
that is not what i said. Its the fact that they paid ssp. and then decided not to pay it and deducted the same amount from pay cheque. Ie paid £500 then removed £500. with no explanation. Despite at the back to work meeting being told she would get full Sick pay.contractual sick pay entitlement and discretionary sick pay you may have, and any details of corporate benefits such as phi cover.
details of death in service benefit
details of the pension and exactly how it works
details of holidays and how they work
details of all other work benefits
review them inline with your financial situation.
obviously sorry to hear it but your friend is naive to think that her employer would have just paid her full pay for being off work sick!!
She will have to borrow the money from someone, go into her overdraft, walk to work, get a lift to work, get a credit card (most should have one for emergencies) or do something else such as explain the situation to her employer and offer to pay it back at £100 per month for the next X months so she can get to work
As for OD or credit card friend cannot have either. and walking to work at 30 miles there and back is not an option.
HR dont seem interested. We think we will have to help with advice and going the legal route
What you said was 'work removed her SSP because your friend had been paid in FULL for two full weeks when she should have only got SSP'. Therefore she was overpaid.
Therefore, she received MORE than she should have and therefore work are fully entitled to reclaim any overpayments made to her if that is what is in her contract (99% sure it will be)
They DID NOT pay her sick pay and then remove the sick pay for no reason.
Has your friend been bankrupt which is why she can't get an overdraft or credit card?
Jessica
Unfotunatly the employer is correct if they have their actions backed up by an employment contract. I would suggest your friend read their contract to be sure and then make emergency arrangements to cover their expenses for the month, wether that be a loan from friends/family or a quiet word with HR for a small advance. I have had to deal with this situation before with an employee whom did not read their contract and took a month off sick, I did my best to make sure his expenses were met with a small loan and then took it back over a few months. Try the employer first.
Oh and get her to get an emergency credit card with a £100 limit She doesn't HAVE to use it but it helps in this sort of situation.
Unfotunatly the employer is correct if they have their actions backed up by an employment contract. I would suggest your friend read their contract to be sure and then make emergency arrangements to cover their expenses for the month, wether that be a loan from friends/family or a quiet word with HR for a small advance. I have had to deal with this situation before with an employee whom did not read their contract and took a month off sick, I did my best to make sure his expenses were met with a small loan and then took it back over a few months. Try the employer first.
Oh and get her to get an emergency credit card with a £100 limit She doesn't HAVE to use it but it helps in this sort of situation.
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