Sick leave entitlement - bit vague

[paulfoel]

This is a bit vague.....
Wife recently broke her foot but has been struggling to go into work. Its getting too much so shes considering taking a few weeks off. Sick not going to be problem. See other thread - why go above and beyond when treated badly.

Heres the policy (Shes been there 2 years).
Shes had one week off this year and is concerned that the below means you have just one sick instance a year. I'd read it as a max of 6 weeks in a rolling 12 months no matter how many instances.
(yes I know the 2 days would apply)


Continuous Service Entitlement Up to six months’ service or up to successful completion of probation, whichever occurs latest 0 (SSP only, if applicable)
More than the service described above but less than five continuous years’ service* 6 weeks at full pay
Over five years’ continuous service* 8 weeks at full pay followed by 4 weeks at half pay

*In all cases the first two consecutive days of any period of sickness are unpaid, unless they are due to a scheduled hospital admission which has been notified to your Line Manager in writing in advance, or to an emergency hospital admission.

The above-mentioned entitlements will only be granted once in any 12 month period.

[ULA]

It is very vague, however I would err on it being 6 weeks at full pay in any 12 month period which I would interpret as a rolling 12 months.

However big caveat it is only my interpretation of what has been set out.

[paulfoel]

hmmm yes thats what I read it at but shes concerned they'll say no you've had one sickness this year that lasted just a week so you've used it now. i.e. its one sickness UP TO 6 weeks.

Appreciate your opinion on this - whats best place to get a definitive answer?

Awful company who seem to think what they say goes.....

[ULA]

Unfortunately with a clause so ill defined it will all be down to interpretation.

[paulfoel]

Shes left employment now but was ill for a week recently. (yes genuine!). They've docked her a weeks pay for this saying that, as per contract, you can only have one paid sick occurrence a year.....

So they've interpreted it as that - seems very unfair.

Is it worth chasing? Its about £300.

(On a side note, they are also other issues with her final pay - in the past her manager has been caught out by her manually amending timesheets and denying all knowledge so its not unexpected). another £120.

Finally, they've given her a P45 but there are still outstanding overtime timesheets that missed the deadline (every month its 5th of the month where they get paid month after) for Jan. Why on earth did they do that?

Wouldn't be surprised if they now try not to pay that? another £230.

Whats best way to approach this?

[ULA]

We are back to that ambiguous sickness policy.

What does the £120 relate to? You will need to be more specific, has this been deducted from her final salary without any explanation? If so, when she emails her ex-employer re my point below she can ask for an explanation of the deduction

I suggest your wife emails back and directly asks why her P45 has been issued when she is still due overtime pay and ask them to confirm when this will be paid at which time she expects an updated P45

[paulfoel]

We are back to that ambiguous sickness policy.

What does the £120 relate to? You will need to be more specific, has this been deducted from her final salary without any explanation? If so, when she emails her ex-employer re my point below she can ask for an explanation of the deduction

I suggest your wife emails back and directly asks why her P45 has been issued when she is still due overtime pay and ask them to confirm when this will be paid at which time she expects an updated P45

Yes main issue is the ambigous sickness policy where they seem to have decided it means one sickness allowed per year.

The rest is unrelated to this - its just overtime they've not paid that was claimed. Not the first time they've messed it up.

BUT, as I said, the overtime cut off is 5th of every month so any overtime AFTER 5th jan would be paid in Feb anyway if she was still employed. Weird how they forgot that was going to happen.

Very strange company they are though. Pay 20p a mile for travel then told all the staff (most of who believed it!) that HMRC would give them the remaining 25p. Of course they won't - all you get is an ALLOWANCE towards tax for the missing 25p (basic rate of 20% works out 5p). Of course suited them for staff to believe that. Basic, basic accountancy rules here......

Another thing they did which was negative for them was to pay on call allowance at minimum wage (£10-xx an hour or whatever it is) because they thought they had to do that. Of course you don't. I'm a senior IT consultant and get £4.21 an hour on call..... Again I dread to think whos advising them this. Probably the same person who wrote the employment contracts for them.

[paulfoel]

We are back to that ambiguous sickness policy.

What does the £120 relate to? You will need to be more specific, has this been deducted from her final salary without any explanation? If so, when she emails her ex-employer re my point below she can ask for an explanation of the deduction

I suggest your wife emails back and directly asks why her P45 has been issued when she is still due overtime pay and ask them to confirm when this will be paid at which time she expects an updated P45

Think main issue is, with that ambiguous policy, can they do what they've done and say "you've had one sickness episode this year, even though it was less than 6 weeks, anything more is unpaid". Is it worth taking it further and getting legal advice going forward?

[ULA]

If she has not already email as advised in my last post, then your wife can push back on the sick pay and say that the sickness policy states "After 6 months service or completion of probationary period (whichever occurs latest) and less than five continuous years’ service 6 weeks at full pay" in a rolling 12 month period and that she has only had one other week off in that period. She is therefore entitled to full sick pay except for the first two days.

Ultimately, if she believes she has not been paid in accordance with the sickness policy and / or she does not get her overtime paid in Feb then it would be a claim for unlawful deduction of wages. She could actually point this out in her email, which may result in them making the payments.