Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Darcydog Novitiate

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    Default Bank Holiday Sick Pay???

    I normally work mon - fri and I believe my contract says i am entitled to 3 days full pay before Statutory Sick Pay.

    I left work ill on the weds and was off the thurs and fri before the bank holidayicon on the monday. I returned to work on the friday after still being ill bank holiday monday, tues, wed & thurs.

    My employer says that I should only be paid SSP for the bank holiday as I was ill, but surely I am entitled to normal pay, as everyone else will have received!? I do not work bank holidays and they are in addition to my normal 20 days holiday.

    Has anyone any advice or refer me to any websites please, cannot find an answer to this scenario anywhere on gov. websites etc..

    Many thanks

    D

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  2. #2
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    Default Re: Bank Holiday Sick Pay???

    Ooooo....tricky one. Not entirely black and white, at all. What is your company policy, and what does it say in you contract, about sickness notification? IE do you have to call in each day you are off? Or just notify at the beginning and end?

    7 years in retail customer service

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  3. #3
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    Default Re: Bank Holiday Sick Pay???

    Quote Originally Posted by Darcydog View Post
    I normally work mon - fri and I believe my contract says i am entitled to 3 days full pay before Statutory Sick Pay.
    Are you sure? It is usual practice to be the reverse of this - only getting full sick pay after 3 days (the idea being to discourage people from "pulling a sickie" and having the odd 1 or 2 days off).

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


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  4. #4
    Basic Account Holder Darcydog Novitiate

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    Default Re: Bank Holiday Sick Pay???

    Up to 3 days is normal pay, this is classed as the waiting? period, then after that is SSP - the question being, that should I get normal pay like evryone else for that day or can it be reduced to SSP...? Surely, it is nothing to do with the employer what the situation was on bank hol, I was entitled to be off...? Couldn't have worked if I had wanted to!...?


    Cheers for quick replies

    D


  5. #5
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    Default Re: Bank Holiday Sick Pay???

    What is your notification policy then?

    7 years in retail customer service

    Expertise in letting and rental law for 6 years


    By trade - I'm an IT engineer working in the housing sector.

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  6. #6
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    Default Re: Bank Holiday Sick Pay???

    Ello Barracad the company i work for pays Full company sick pay from the 1st day of sickness, i also work tues to Sat hence sun and mon are my days off or rest days as the company i work for call it, if i am sick for one week or say fri sat sun mon and return tues, then i will get full sick pay for the days i would of worked under my contract, ie will be paid for fri sat but NOT for sun and mon as not contracted to work them, as the case of the poster of thread, since you work mon to fri then the sickness pay will cover the same period, but as Barracad has said a large % of companys don't pay for the 1st three days. hence you will be paid just 2/5 if you have used your entitlement of company sick pay, then chances are you will just get ssp again only comes into affect after the 3rd day of sickness. Since one of your sickness days fell on a bank holidayicon then it is classed as a holiday hence day off, but since you were sick, no holiday pay would be payable. and most likly no sick pay if the company you work for operates a 3 day wait period.
    Hope you have now got over what kept you from work you might want to contact ur union or try Acas - Home whom can assist more/better.

    !2 years Tesco distribution supervisor
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  7. #7
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    Default Re: Bank Holiday Sick Pay???

    Not neccessarily no holidayicon pay would be payable shywazz. Certainly at Tesco(where I noticed you work(ed?)) it WOULD be payable.

    7 years in retail customer service

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    By trade - I'm an IT engineer working in the housing sector.

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    Default Re: Bank Holiday Sick Pay???

    I was sent home on the weds morning and they just said keep us informed and let us know when you are coming back, don't have to call everyday.

    Thanks


  9. #9
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    Default Re: Bank Holiday Sick Pay???

    OK in my opinion there are two possible situations:

    - It is not classed as a sick day - more likely if you had to have daily notification. In this case you would be paid as normal.

    - It is classed as a sick day, as if you had worked. Not entirely out of the question, as many companies will, for example, class a day on holidayicon if sick as a sick day and "recredit" the holiday day. However, if this were the case, you should receive the sick pay AND in my opinion a day in "lieu" - ie an extra days holiday.

    In my opinion, no middle ground.

    7 years in retail customer service

    Expertise in letting and rental law for 6 years


    By trade - I'm an IT engineer working in the housing sector.

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  10. #10
    Basic Account Holder shywazz Novitiate

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    Default Re: Bank Holiday Sick Pay???

    oh not working there now lol at number 3 in supermarket list Sains.

    !2 years Tesco distribution supervisor
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  11. #11
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    Default Re: Bank Holiday Sick Pay???

    Nice

    7 years in retail customer service

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  12. #12
    Basic Account Holder Darcydog Novitiate

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    Default Re: Bank Holiday Sick Pay???

    Will have to try and explain to them that they are essentially docking my holidays, ie not getting paid as everyone else has done for bank holidayicon entitlement.. it can only be the days I am scheduled to work that are subject to SSP -

    If i had booked some time off and I was ill, just bad luck they fell at same time innit? try and explain the nice tan whilst claiming back as illness eh!?

    make sense ?? - my brain hurts! again!!!

    D


  13. #13
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    Default Re: Bank Holiday Sick Pay???

    Is it only a small company you work for?

    7 years in retail customer service

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    By trade - I'm an IT engineer working in the housing sector.

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  14. #14
    Basic Account Holder Darcydog Novitiate

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    Default Re: Bank Holiday Sick Pay???

    yes, 2 private owners


  15. #15
    strangewayofsavin
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    Default Re: Bank Holiday Sick Pay???

    if your company usually do not work bank holidays, and pay in full, rather than deduct from your holidayicon entitlement, then they have to pay the full amount, unless a sick note covering the bank holiday was in force.


  16. #16
    Basic Account Holder Darcydog Novitiate

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    Default Re: Bank Holiday Sick Pay???

    I would normally have got paid in full for bank hol, my sick note did essentially cover the bank hol, but does this give them the right to reduce my entitlement??? Again, everyone else has got paid in full for bank hol...

    cheers


  17. #17
    strangewayofsavin
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    Default Re: Bank Holiday Sick Pay???

    I'm afraid so, it is a bit of a loop hole, if the sick note covers say 7 days, then you are better off taking the 7 days. if you go back on day 6, or day 6 is a holidayicon, they can get away with reducing the payment. I am not a solicitor, but until very recently I was a company director, and that is how the rules are written, some are in favour of the employee/worker, others are in favour of the employer, I think they call it swings and round-a-bouts.

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  18. #18
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    Default Re: Bank Holiday Sick Pay???

    Where I work they would have classed the Wednesday as day 1 as you went home sick, so the weds, thurs, fri would be the three days, the BH mon would have been treated as sick pay and we would reclaim a holidayicon day - have you asked if you can have the days holiday back?


  19. #19
    Basic Account Holder megan34 Novitiate

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    Default Re: Bank Holiday Sick Pay???

    At my firm - i do the wages sheets - if you are sent home from work sick - you will be paid' 'paid medical time' for the rest of the day - then your 1st day of sick starts the next day. if you are on the sick - whether you have run out of company sick pay and on s.s.p only or not, you will be taken off the sick - paid full bank holidayicon pay for that particular day , then the following day you will revert back to what ever you were getting paid whilst on sick leave. We pay full sick pay from day one as long as you havent run out of your company sick pay and you ring in before 9.30 on the first day of sickness and keep us informed throughout the illness and everyone on the payroll gets full stat.hol.pay.
    If you have booked holiday and you fall sick on that holiday - you ring and tell us you are sick and as long as you cover that with a sicknote - (self certification or med note) then you will get paid sickness and get your holiday entitlement back, however if it is a 'premises closed' for holiday period - then you are not entitiled to claim sickness or 'back holidays'Alot depends on your company and what is and isnt agreed with the unions. Have a look at your employment contract - you should find the answer in there. Im sure there must be some employment law experts somewhere onthese forums....


  20. #20
    Basic Account Holder Darcydog Novitiate

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    Default Re: Bank Holiday Sick Pay???

    Thanks all, will have to have a good read of contract, seems every place is different.


    D

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