Withholding sick pay

[philupnorth]

Hi all

My employers have decided to withhold discretionary sick pay due to me missing a self referral appointment with an occupational health advisor stating in a letter that the reason for not paying me sick pay was due to missing the appointment. I have a reasonable record for sickness having had a single three week period of sickness in the last five years, this sickness was over a year ago.

I have an appeal next week with a union representative present & am after advice for this appeal to persuade my employers to pay me for time off. I was given a doctors note from day one & am still on the sick now four weeks later & will be contacting my doctor for another note as I am still unfit for work due to a shoulder injury.

I received a letter after my missed appointment with a company appointment to see the occupational health advisor which I attended & have kept my employer informed as detailed in their sickness procedure. Also in this letter my employer informed me that "due to an increase in colleagues failing to attend I need to inform you that any colleagues failing to attend without contact will will be invited for investigation on the grounds of conduct. You should also know that not attending could result in withholding of all or part of your entitlement to SSP and company sick pay"

This was the first I was aware of this new policy & have so far contacted ACAS who advised me to ask if there was any contractual sanction to reduce pay instead of discipline. I am waiting for a call back from my union to see if I am entitled to have a copy of the sickness policy from my employers who I have worked for for nearly 19 years. I am sure I contacted my employers to cancel the appointment as I had been signed off sick by my doctor the day after I had made the self referral appointment.

Any advice would be appreciated.

[old_andrew2007]

bump