Boss wants me to give up a day of holiday to compensate for a sick day.

(31 Posts)
DaisyBug Tue 26-Mar-13 21:52:07

AIBU to refuse?

I have taken only ONE sick day the entire year that I have worked for her FFS when the UK average is apparently 10. Still she reckons this is too many and that I now 'owe' her a day.

I'd actually prefer to just not be paid for it but that wouldn't be right either.

fascicle Wed 27-Mar-13 11:09:53

DaisyBug:
Yes, there is a contract but only a vague, crappy, amateur one written by her which skates over sick pay and just says that SSP is paid after 3 days...

So there's nothing in the contract to support her request/demand. I'd be a bit concerned about her overall approach, and whether it might cause bigger issues in the future.

greenfolder Wed 27-Mar-13 10:34:57

lots of small and large employers do not offer sick pay- those that have it often forget that. its a bit rubbish but pretty much par for the course.

WallyBantersJunkBox Wed 27-Mar-13 10:28:00

I would make a list of all the hours extra you have put in, and email it to her as proof that you have more than made up for the time off.

ChairmanWow Wed 27-Mar-13 08:14:45

Unfortunately it sounds like there is no entitlement to anything other than SSP after 3 days so she is within her rights. She sounds like a very shoddy employer. Many small employers buy in HR services and she should be doing this if she's not even capable of putting a decent contract together.

I'd suggest getting a copy of your contract and joining a union who can advise you, or going to ACAS or Citizens Advice to see what other elements are missing. Most unions give free legal advice/representation which might be the protection you need with such a dodgy employer.

greenfolder Wed 27-Mar-13 06:59:20

So really she is giving you the option of swapping a day of unpaid sick for annual leave? When was this day and have you already been paid for it? If you have I would argue that she has already sorted it by paying you, thank you and that by law she has to ensure that you take the statutory minimum holidays by law.

Rainbowdrop8 Tue 26-Mar-13 22:50:20

I've had the same issue, I refused to use my annual leave so it was put through as unpaid leave.

Other 'option' offered was to make up the 8hrs sick by working an extra 4hrs for 2 days confused

Before you wade in can you ask her why she thinks this - it might be that she wants to pay you for the day ... and as already stated, she doesn't have to. But also be on the watch - she sounds like some of the other business owners I've worked with - on their own case.

Doha Tue 26-Mar-13 22:40:11

A self certificate sick note is only needed after 4 days, A GP sick note is for after a week of self certification. Her contract is crap

DaisyBug Tue 26-Mar-13 22:35:37

Thank you for the confirmation that she is not exactly a great employer. Truly, there are days when I wonder if it is perhaps just me and that I expect too much and/or am too much out for myself.

She thinks she is God's gift where employers are concerned. I know it may sound bizarre to you but she really truly does. In her eyes, we are all like one big happy family. I don't think she expects any of us to see this as a job as such but more like an opportunity given as a personal favour from her.

Yes, there is a contract but only a vague, crappy, amateur one written by her which skates over sick pay and just says that SSP is paid after 3 days, as long as a medical certificate is provided.

maddening Tue 26-Mar-13 22:34:55

Ours sometines offered it if people were getting close to warnings - but as a favour - you were fine to put it down as sick if you wanted.

MrsDoomsPatterson Tue 26-Mar-13 22:32:23

Blimey. Get out of there!

Viviennemary Tue 26-Mar-13 22:24:55

She certainly can't force you to take a days holiday instead of sick leave. But it seems that some firms don't pay sick leave these days. Why not look for another job where you will be more appreciated. She sounds awful.

MaryMotherOfCheeses Tue 26-Mar-13 22:22:43

No, she definitely can't demand it, she might be seeing it as a solution to not being paid though.


But she is a miserable cah.

Pandemoniaa Tue 26-Mar-13 22:19:14

Not being entitled to sick pay idoesn't make it acceptable for the OP's boss to demand she gives up a day's holiday though.

Lonecatwithkitten Tue 26-Mar-13 22:13:49

Your employer doesn't have to pay anything for the first three days you are sick then after that sick pay kicks in.

hwjm1945 Tue 26-Mar-13 22:11:28

Love enormas name.took me a while to get it
Btw yr employer is in the wrong

MaryMotherOfCheeses Tue 26-Mar-13 22:10:12

Hmm, she sounds dreadful.

However, from a brief google, you're not entitled to full pay for being off sick. Many employers allow it, but it's not compulsory. They can't pay you less than Statutory Sick Pay though (which is £85 a week or thereabouts) (SSP only kicks in on the 4th day) so from her point of view, she might be trying to find a way of you still being paid your full amount.

AFAIK.

However, if you haven't been sick all year and this is your fist day, she's being a bit mean and the other stuff she's up to suggests she's not exactly a great employer.

Euphemia Tue 26-Mar-13 22:07:01

In your situation I would check my contract carefully, then phone the Acas helpline:

Call the Helpline on 08457 47 47 47.
Monday-Friday, 8am-8pm and Saturday, 9am-1pm

ENormaSnob Tue 26-Mar-13 22:05:01

It sounds to me like you need to start keeping a diary of work issues.

Will show my arse if this is the last problem you have.

ENormaSnob Tue 26-Mar-13 22:03:26

Yanbu at all.

DaisyBug Tue 26-Mar-13 22:03:22

Thanks all. Unfortunately it is a small business, of which she is the owner, so there is no HR dept. I'm not entirely sure how to refuse without things turning unpleasant, but I'll certainly give it a go.

She also thinks it fine to demand that everyone come to work an hour early every day this week, just because SHE got behind on something. Don't even get me started on her expectation that we should voluntarily come in on Saturday afternoons to clear-out the shed.

MaryMotherOfCheeses Tue 26-Mar-13 21:59:48

Do you have a contract?

Scholes34 Tue 26-Mar-13 21:59:42

What Zwischenzug said. Is there anything in your contract about days off sick?

Euphemia Tue 26-Mar-13 21:57:27

Say no, no again, and report it to HR if she tries again. Utter nonsense.

zwischenzug Tue 26-Mar-13 21:56:28

I'd actually prefer to just not be paid for it but that wouldn't be right either.

It's actually quite common for employers to have something in your contract that you won't be paid for the first few days you take off sick, although it may not be 'morally' correct.

But yes she is taking the piss, she can't take your holiday off you - in fact, legally if you get sick while you are on holiday, you are entitled to reclaim your holiday days smile

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