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Is there a hard and fast law regarding compnany sick pay in UK?

looneytune

Do Fuck Off
Er, the thread title kinda says it all :D but basically, I've started work at a new company as a 'full time, permanent' member of staff about 6 weeks ago. Always assumed that being permanent and full time = full sick leave bens once the 4 week trial period passed (at least, it has meant this in previous jobs) but other staff are telling me that they had to work there for 6 months before being granted any kind of pay to cover sick leave.

Needless to say I'm asking cos I'm honking sick and honking fed up with dragging my ass into work in this condition (as are my colleagues); in fact I'm considering challenging the manager on this policy if my condition worsens enough for me to take more time off. But jobs are scarce right now and I reckon it's worth knowing, first, whether I'd be in the right to do so before getting my butt fired over it.

Anyone with solid knowledge of where employment laws stand on this issue pls reply!
 
In terms of sick pay there are two different concepts at work - statutory sick pay and contractual sick pay.

Statutory sick pay is a right that is available to all workers from day one. However this is a fixed weekly amount of £75.40 and you cannot get statutory sick pay for the first three days that you are off but this is your legal right. To get statutory sick pay your employer has to claim it from the government. See http://www.adviceguide.org.uk/e_sickness_at_work.pdf

The vast majority of workers get an enhanced level of sick pay which is set out in your contract - usually this is pay of your normal rate for times when you are ill and usually allows three or four days before you have to go to the doctors etc - these are fairly standard terms but ultimately the employer is able to put their own conditions on whether and when employees will receive this enhanced contractual sick pay. So check the terms of your contract of employment for this entitlement and if it says you've got to be there for six months unfortunately thats tough - you signed the contract when you started work.

Whatever the technical sick pay criteria in your contract it would be a very harsh employer who witheld contractual sick pay benefits from staff especially if its obvious that you need to be off work.
 
In terms of sick pay there are two different concepts at work - statutory sick pay and contractual sick pay.

Statutory sick pay is a right that is available to all workers from day one. However this is a fixed weekly amount of £75.40 and you cannot get statutory sick pay for the first three days that you are off but this is your legal right. To get statutory sick pay your employer has to claim it from the government. See http://www.adviceguide.org.uk/e_sickness_at_work.pdf

The vast majority of workers get an enhanced level of sick pay which is set out in your contract - usually this is pay of your normal rate for times when you are ill and usually allows three or four days before you have to go to the doctors etc - these are fairly standard terms but ultimately the employer is able to put their own conditions on whether and when employees will receive this enhanced contractual sick pay. So check the terms of your contract of employment for this entitlement and if it says you've got to be there for six months unfortunately thats tough - you signed the contract when you started work.

Whatever the technical sick pay criteria in your contract it would be a very harsh employer who witheld contractual sick pay benefits from staff especially if its obvious that you need to be off work.


Brilliant reply, many thanks :). Sadly my employer seems to fall into the 'very harsh' category because I was barely able to stand, let alone work, when I came in the other day, and they still didn't want to pay me sick leave.

Even though I'm on the payroll I haven't yet seen my actual work contract but I will ask for one just to check out the conditions. I should have checked them at the start but expected this to be a short term job and didn't really look into the details. Then like nearly everyone else, I ended up stuck there because of the lack of other vacancies, at least until the 'economic crisis' eases up. It's a good idea to check these things though and make sure they're not taking the piss.

Thanks again!
 
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