Sick pay

[Foxyflugel]

Hi all

My friend is a teacher in a comp and over the last few years it changed to an academy.

A few weeks ago, she injured her big toe and still went to work (although walking with difficulty) and they subsequently sent her home.

On payday it would seem that they have failed to pay her so she has lost a days pay. She is salaried and also receives OSP - so how can they do this? Surely it should be treat like a sick day instead of an unauthorised absence? as it was them that insisted she go home.

Additionally, she had to have an operation (outpatient) so they have also stopped her a days pay for this.

Are the allowed to do so? It doesn't make sense that this is also not treat like a sick day.

Any advice or info would be great.

Thanks

Foxy :tinysmile_twink_t2:

[judgemental24]

Re: Sick pay

What does her contract of employment say as to sick pay.

You normally do not get paid for the first three days but you need to chase this up.

Being a teacher the trade union would probably have a collective bargaining agreement that you get full pay for xyz days and half pay for xyz days. Being an academy should make no difference

Before we can advise further she needs to dig out her old teachers contract of employment

[Foxyflugel]

Re: Sick pay

Hi Judgemental and thanks for your reply.

I know that she receives sick pay from day 1 as she is salaried and receives OSP not SSP and doesn't have to stand the first three days.

I will ask her to look her contract out - apparently when she asked it would appear that they can do as they like now they are an academy!! I fail to see how they can regarding sending her home and then not paying her.

I believe they all had to sign a new contract when it changed to an academy - but she has been paid sick pay since (from day 1).

I will repost once I have seen it.

Thanks

Foxy

[judgemental24]

Re: Sick pay

They cannot do as they want

All previous contractual terms and any Trade Union agreements secured through Collective Bargaining are transfered at the same time.

Trade Union and Labour Relations Consolidation Act 1992

Ths will come under Section 13 Employment Rights Act 1996 Unlawful Deduction of Wages

But we need to know what is in her contract first before moving forward