Is 3 a year enough for being sick?

[pmsc69]

At my job and when I first started, people were abusing the sickness benefit by taking allot of mondays, fridays and unconfirmed sick days off. Instead of disciplining the offenders they set a max of 3 days a years sickness benefit.

 

This seems very small as you dont know if you will be sick for a long period or not. Also, when I fractured my back at work, they paid me a weeks sickness but told me that I had to either claim SSP or use my holidays for the remaining weeks which took up all my holidays for the years. I had to work 8 months before I could have a break which meant that I worked for at least 12 months before I took a holiday.

 

Is this allowed? Is there a minimum and max sick days allowed? Keeping in my that my contract does not state any min or max days and is pretty much open.

 

Many thanks

[Surfer01]

Definitely cannot make you take holiday instead of SSP and are in serious break of regulations.. This is very serious. Do you belong to a Union?

[cardiffboy500]

Payment by the employer for days off sick is at their discretion, I believe, as outlined in your terms of employment, however SSP is a statutory right, and there is no reason why you would should not have received it.

 

I could speak with ACAS Monday–Friday, 08:00–20:00 – 08457 47 47 47 or as Surfer01 says, if you belong to a union seek advise from them also.

 

CB500

[pmsc69]

Hi and thanks for your reply. I dont belong to a union, god forbid if we did.

 

The back accident happened over three years ago and I hadnt forgiven them for that considering it was at work and for work. However, I was recently off work for 2 weeks due to stress and being put on medication because of the incidents at work such as a colleague wanting to stab me and the managing directors threatning and aggressive behaviour whilst being under the influence of drugs and alcohol. They paid for 4 days and I took the rest as holiday as SSP wouldnt even pay my rent.

 

They now want me to sign a form allowing them to view my medical records/records with notes from my doctor. They say they want to work with my GP to help me back to work. The thing is this is my third week back at work and I only had 2 weeks off. One being taken as holiday.

 

HR there is as useful as a chocolate teapot. No one can trust him anymore and no one goes to him with any problems because he fabricates it as if it is us who is in the wrong.

 

I hate working there and the thought of going to work really stresses me out badly.

[pmsc69]

Payment by the employer for days off sick is at their discretion, I believe, as outlined in your terms of employment, however SSP is a statutory right, and there is no reason why you would should not have received it.

 

I could speak with ACAS Monday–Friday, 08:00–20:00 – 08457 47 47 47 or as Surfer01 says, if you belong to a union seek advise from them also.

 

CB500

Not sure if it was clear but they gave me the option of SSP or holiday. As SSP wouldnt even cover my rent for the week, I took the holiday option. They did state that it was my choice but to be honest it didnt feel much of a choice. Starve my family and fall behind in rent or lose my holidays.

[kfdh1962]

HI PMSC69

employers dont necessarily have to provide sick pay above the minimum level of SSP, i.e contractual or company sick pay, although they still have a legal obligation to pay a certain level of sick pay to employees who are off due to ill health or injury under the social security and benefits act 1992 and the statutory sick pay regulations...in other words SSP. SSP is payable for up to 28 weeks, i think the current rate is £79.15 per week. there are certain qualifying requirements such as you must be an employee, you must be ill and unable to work for 4 days or more...

 

in respect to being forced to take sick leave as holiday, and employer cannot force you to do this, however as ann employee you have the right may request to take holiday leave during a period of sick leave, following recent rulings in the ECJ

[cardiffboy500]

Not sure if it was clear but they gave me the option of SSP or holiday. As SSP wouldnt even cover my rent for the week, I took the holiday option. They did state that it was my choice but to be honest it didnt feel much of a choice. Starve my family and fall behind in rent or lose my holidays.

 

If it was a choice to have 1 or the other, the employer may have covered their back a little. They did not force you to use holiday to cover sickness, which would have been wrong.

 

I understand why you would struggle on SSP, most people would these days. I am not sure if you would have qualified for housing benefit if you are on SSP or not.

 

I am not sure what to suggest here to be honest. Have a chat to ACAS and see what they say. There may be a way of getting some holiday back, so at least you have some to use for the rest of the year. As for the other issues, it may be time to start the grievance procedure.

[kfdh1962]

as cardiffboy said,

if they forced you to take the holiday it would be a diifferent story, but by offering you the choice i think they are covered and i dont think you will have much come back in that respect unfortunately.

 

the previous sick pay entitlement which was removed was not contractual from what you have said, and would be considered discretionary, so no potential for breach of contract. Might be worth a call to ACAS to get their veiw

[Surfer01]

If you are on statutory sick pay and there was no other income, you should get a housing and council tax benefit.

if the back accident occured at work, was it entered into the "accident" book. This they have to do my law. In addiotn, if the accident was at work, you may have a claim against them.

You can join a union like GMB and have a monthly debut set up on your personal account and the employer will be none the wiser until you use the union to bring them to book. Membeship is less than £12 per month.

I am not a big fan of unions but they can be helpful resolving employment disputes not involving strikes etc.

[Allwood]

Can you get to see the staff handbook and see what it says in it about sick pay. Employers do not like paying company sick pay and if there is a staff handbook it will probably say that it is discressionanry, but if it is in their staff handbook then they have to abide with it if other employees are getting it while off sick.

[Allwood]

If you are on statutory sick pay and there was no other income, you should get a housing and council tax benefit.

if the back accident occured at work, was it entered into the "accident" book. This they have to do my law. In addiotn, if the accident was at work, you may have a claim against them.

You can join a union like GMB and have a monthly debut set up on your personal account and the employer will be none the wiser until you use the union to bring them to book. Membeship is less than £12 per month.

I am not a big fan of unions but they can be helpful resolving employment disputes not involving strikes etc.

 

If you want immediate help do not join a union, these people take forever to get back to you I know I have experience of 2 union and got no joy from them whatsoever, if fact, one of the nion reps was more protective of the employer than me that was paying their fees. I joined another union but of course the same thing is happening. they are not worth the extra stree on top of stress. If you place of work is unionised then perhaps it may be worth thinking about joining them. I would go and see solicitor that specialised in employment and asked if they do 'no win, no fee, and if they do then let them deal with this for you, you want to minimum stress and joining a union will only add to it and i speak from experience of unions.

 

Also check your home insurance policy and see if it includes legal advice and if your policy included this is a good place to start to look for help.