Sick pay during notice period, seperate policy during notice period

[trackmaxi]

All,

I am Shift Team Leader in a power station, and I work 2 days, 2 nights, 6 off. Shifts are 12 hours.
I have recently started working my notice period and unfortunately had to take 4 shifts off sick due to a back injury.

I have just received my pay slip and I have had 48hrs pay deducted and it stated 'unpaid sick' and £13.77 in sick pay paid.

I have questioned this with my line manager and I've been informed that as I've handed in my notice, the normal contract of employment sick pay is not relevant. There's a seperate policy which has a clause stating that company sick pay will not be paid during worked notice period.

When I handed my notice in, I was not informed that my contract of employment would be changed during my notice period. My COE doesn't mention anywhere about sick pay changing once I'm in my notice period and it doesn't mention it in the termination section of my contract. I wasn't informed that if was off sick during my notice period that I wouldn't get paid my usual sick pay.

Can anyone help with this please? And I know the SSP for a week is £96.35 per week but what do they determine to be a week? Is it physical days or hours based? As it still seems to be incorrect to pay me £13.77.
My average working week is based on 40hrs/week.

I was also asked if I could attend site in an advisory capacity but as I was taking strong pain medication and unable to walk/sit/drive and couldn't escape the building in an emergency unaided so I couldn't do this.
At this point, my line manager has still not thought it wise to inform me I wouldn't get paid sick pay.

Thanks in advance....

[atticus]

On the basis of what you say, it appears that you are entitled to be paid in accordance with your employment contract.

[trackmaxi]

I agree, but I am being told that there's a policy which states that I'm not entitled to sick pay during my notice period. I assume to stop people just going off sick for their notice period.
I've now been sent the policy with this information in. However, I wasn't issued this at the point of handing my notice in, nor was I made aware of the change to my contract during notice period.

I think I need someone who's legally experienced to confirm that I should have been made aware of this change at the point I handed my notice in.

[ULA]

Are the policies part of any staff handbook, staff intranet etc? Most policies such as sick pay, disciplinary/grievance, computer use etc are part of standard employment policies that sit alongside the contract of employment.

[trackmaxi]

Hi,

The only documents I was issued by email upon joining the company were my Contract of Employment, Code of Conduct, HMRC starter checklist, pension opt form, Employee privacy notice and my job description.
All of the company policies are available on Teams.

Surely at the point of handing in my notice I should have been made aware that my current COE was essentially changed??

Thanks for the reply...

[ULA]

If there is a separte policy that sets out the company sick pay arrangments that was availalbe in Teams then as an employee it is your duty to familiarise yourself with these alongside your employment contract. If that policy clearly sets out that company sick pay will not be paid during an employee's notice period then the company is not required to pay you company sick leave but they will need to pay SSP which gets paid from day 4 of absence. The £13.77 payment is the SSP payment for the 4th shift you were absent due to sickness.

It may have been helpful for the company to point this out when acknowledging your resignation but it would be not a requirement as the policy covers this.

[trackmaxi]

Thanks for your reply.

Yes the policy is available on Teams, I guess that's the end of that then.
It's hardly a surprise that I wasn't informed or reminded of this fact which is one of the reasons I'm leaving thr business..... The management team don't know the policies themselves to have reminded me.....

Cheers......