not being paid sick pay???? can anyone advise please?

(15 Posts)
ssd Fri 26-Apr-13 10:20:26

I work for a small company, p/t but set hours, am put through the books and get a wage slip every week and a p60. Have been there 5 years. Don't have any long term sick issues, had 2 days off sick last year which were paid. Have no backup childcare so have been off sick with the kids about 4 days which of course are unpaid (4 days last year). Have been off recently with migraine, called in sick for 2 days...have just seen I haven't been paid. Can anyone advise me what's going on? Have never been given a contract, management are hopeless, most on long term sick leave, line manager is just interested in what he can get out the company and shafts anyone below him, know he's got something to do with this.

Any advice welcome, am spitting mad, I work hard there, min wage and now am getting treated like crap. Another staff member is in hospital and they are getting sick pay, they told me.

Is this illegal?

WheresMyCow Fri 26-Apr-13 10:24:39

Depends on what is in your contract to be honest...but seeing as you don't have a contract that doesn't really help you much.

There is no obligation for a company to pay sick pay when someone is off sick. Statutory sick pay is only paid after the first 3 days of absence which are classed as waiting days and will only be paid if the absence is covered by a valid self certificate/fit note from the doctor.

Are you sure that the days that you had off last year were paid?

ssd Fri 26-Apr-13 10:29:58

yes am sure

the contract thing is a total bug bear, have repeatedly asked for a contract but no one has one and the management cant get their act together to give us one, they are beyond hopeless.

ssd Fri 26-Apr-13 10:32:40

when you "bug them" by asking for a contract, you are seen as rocking the boat and putting pressure on them and suddenly your holiday request is denied or something similar....

yet "management" all have super family friendly contracts, get paid extra for overtime, have all the lieu time and holidays they want, when they want

the rest of us they couldn't care less about

AnyaKnowIt Fri 26-Apr-13 10:34:37

is there a company handbook you can get hold off?

ssd Fri 26-Apr-13 10:40:26

oh jesus no!

to make it worse I worked in hr for years and used to know the laws...but gave that up years ago and now work this job as I cant get anything else

I know how badly they are run, how certain people are being allowed to cherry pick whatever they want and the rest of us have to live with the consequences eg. one member of management is off long term with anxiety, but they come into work when their friends are in and stay a few hours for a drink then go home...they are on full pay.angry

ssd Fri 26-Apr-13 10:41:27

I need a new job, desperately but there's nothing round here sad

flowery Fri 26-Apr-13 11:04:12

No entitlement to sick pay as has been pointed out, so really if you haven't already, and were expecting to be paid, you need to ask why you haven't been this time.

ssd Fri 26-Apr-13 11:49:34

I will ask.....but its just maddening when I know certain employees get paid sick, even if its just for a day here and there (they have told me, or they suddenly have an appointment or a training course which of course is company related)

it all very depends on how the management is feeling at that time, whether you've been kissing their arse enough to warrant sick pay...or if you're a man who will get bolshy if you aren't paid it

I need a new job, big time

ssd Fri 26-Apr-13 11:52:34

flowery, can I ask, what would you advise me to say when I ask why wasn't I paid and they reply "you don't get sick pay" with a shocked face, would it help to prove that I have? (they know fine well, they do the wages)

and surely if things regarding sick pay were changing we have a right to be told?

ssd Fri 26-Apr-13 11:54:20

also can anyone tell me how SSP works for part timers and the amount paid?

ssd Fri 26-Apr-13 12:01:25

I know it is £86 a week but is this for full time only

WheresMyCow Fri 26-Apr-13 12:47:47

It's the same pay for both full/part time colleagues but to be eligible to get it you need to earn at least £109 per week before tax.

flowery Fri 26-Apr-13 18:55:06

That you've been paid before will help, as will the fact that others are paid. Plus emphasise your excellent sickness record, good hardworking attitude etc. If everyone is always consistently paid for sickness absence, then you have a good argument as to why you could reasonably expect to be paid.

But for yourself personally, one previous sickness episode having been paid would mean you are contractually entitled to be paid every time.

Ultimately, if they stand firm and refuse to pay, it's unlikely you'll be able to do anything about it.

ssd Fri 26-Apr-13 19:04:27

thanks for answers, am back at work next weekend, I'll ask then

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