SSP not being paid

[jorainbow]

I had just started a new job , unfortunately become ill with a herniated disc and have been off sick since 5 March.My employer were wouldnt pay OSP instead saying it was authorised unpaid leave. My contract states 15 days OSP then moving onto SSP. They are still refusing to pay SSP despite receiving sick notes, with no explanation. My latest payslip says authorised unpaid leave. I am due to return phased over 4 weeks on Monday but this has put me financially in a very difficult position causing stress at a very difficult time. Is this correct?

[ULA]

What does your contract state about when OSP is paid?

In terms of SSP this is (as at 5 March) was payable after you have been off for more than 3 consecutive days. Also do you earn at least £123 per week?

[jorainbow]

Contract states 15 days full pay in rolling 12 month period, no qualifying period or restrictions
Yes I earn more than that
Thank you

[ULA]

If you are off sick then it is not authorised unpaid leave it is sickness absence.

If there are no qualifying restrictions on OSP and it is a contractual terms this should be paid followed by SSP, again if there are no qualifying reasons not to do so.

I would suggest that initially you bring this up informally with your manager or HR.

[jorainbow]

Thank you. Worryingly it is the Trust HR Manager who has made these decisions.

[jorainbow]

I just wanted to update on this. I spoke to the Trust HR manager today as no one came back to me. She states that I was put on authorised unpaid leave so it didn't impact on my probationary period. This has never been mentioned to me and my partner doesn't recall this as he took the original message re the unpaid leave. There is nothing in the probationary policy about sickness. Is the right?

She also said that I didn't need to provide any sick notes just the may be fit to work note for my phased return. This is incorrect. They asked for and accepted all my sick notes

[ULA]

I have to say I am a bit confused as to why they are treating it this way.

I appreciate you are in your probationary period, however if they had concerns about time off during this for sickness absence and being able to fully assess your performance / competence as a result, then they could legitimately just extend your probationary period.

In my view good practice is to ensure that absences are recorded correctly. Plus in this case they are also covered by OSP/SSP payments.

[jorainbow]

Thank you. This is what I thought. It seems to me to simply be a way of saving them paying me. As an employer my first impressions are not positive. Appreciate your thoughts

[ULA]

I can understand why may feel about this and your initial impression of your employer.

If you have brought this up informally but do not feel this has been dealt with fairly you could raise a grievance. However that said you are still in your probationary period, have less than 2 years service so have limited employment rights at this stage. This means that potentially you could be dismissed for no reason and as unfair as it will seem you may not want to "rock the boat".