HELP work refusing to pay sickpay

(24 Posts)
Avacathar Wed 26-Feb-14 20:17:55

Hi all, i don't know what to do sad

I got signed off two weeks ago with work related stress (in the process of going to CAB for discrimination against a single parent) anyway my payslip for this pay month got brought to me by my colleague. Instead of the 400 i was expecting, Its 190?! I am so screwed, I have to pay my rent on Monday and am going to be about 150 short. I rung them to which the reply was 'you didn't work last month did you?' - I worked the first two weeks of the pay month but got signed off. I have been with my company for three years and I'm entitled to company sick pay I took a sick note in two weeks yesterday, so there is no reason they shouldn't have paid me properly, I don't know what to do? they underpaid me 100 last month and managed to get half in cash, and half carried over to this month... it keeps happening and i can't handle this, Pretty worked up right now!! Heeeeelp

Mmmbacon Wed 26-Feb-14 20:27:29

Are you a union member, what is your campanys hr department like?

Avacathar Wed 26-Feb-14 20:32:32

my manager hasn't given HR's number, so I've been trying to Google it. Concerning a union- my company doesn't recognise trade unions sad

HermioneWeasley Wed 26-Feb-14 20:35:10

What is the company's sick pay policy and what do you need to do to qualify?

LadyMaryLikesCake Wed 26-Feb-14 20:38:37

No wonder you're stressed sad

I don't think this is in the right section, it's an employment/legal matter so it may help if you report this and ask for it to be moved into employment.

Acas will be able to give you some advice too, their site is here www.acas.org.uk/index.aspx?articleid=1461 and they have a helpline that you can call for free advice 08457 47 47 47. It helps to write it all down before you call them as it's easy to get flustered, especially if you're unwell. Give them a call and see what they say.

thanks

Avacathar Wed 26-Feb-14 20:38:45

If you have been with the company for more than 12 months then you are entitled to company sick pay after the first three days. I have been with the company for 3 years. I haven't used any sick pay in the last twelve months...

Mmmbacon Wed 26-Feb-14 20:38:47

Has your company got a website or interweb site, can a friend at work look it up for you, if its a big company.can you ring customer services, or receptionist for hr number, does work have a employee assistance programme? Ask for their number instead of hr and get them onside

Even if your company doesn't recognize unions you can still join, might be worth it for support in time to come for any case to join immediately while you are still employed

Avacathar Wed 26-Feb-14 20:42:16

I have looked it up but i rung the numbers and they rang out. Ringing customer services is a good idea! thank you! I work for a national gambling related company so if its gambling I don't know much about trade unions but def something for me to look into.

Avacathar Wed 26-Feb-14 20:45:58

Sorry Mary didn't see your post!

thanks, will have a look at ACAS, i have been documenting everything on a word document so i have something paper to refer to. I plan to go into work on Friday (payday) and speak to someone, also contacting CAB tomorrow to book an appt and also been told to report company to HMRC as apparently its not legal to withhold SSP let alone company sickpay

redmimi Wed 26-Feb-14 21:39:23

This must be really stressful. What is the company sick pay? It isn't necessarily full pay so there may be a shortfall from your normal pay. It should be stated in your contract or staff handbook. My company don't offer anything over SSP, which is only about £86 a week from 4 day of absence. Once you know what you should have received and that you have been underpaid I would call ACAS. Hope it gets sorted soon.

Avacathar Wed 26-Feb-14 21:47:10

I'm only on a 16 hour contract so my full pay is 100 p/w anyway, i think company pay is about £90 a week and SSP is as you said £86. Not a massive difference so I know it shouldn't vary too much from my normal rate of pay however... they haven't paid me at all for being off, I've been signed off for two more weeks, and cannot afford no pay for a month. I will call ACAS thank you smile Hope it gets sorted soon too! Trying to complete Diploma at the same time which is proving difficult. I'm just very happy that my little girl hasn't picked up on anything

traininthedistance Wed 26-Feb-14 21:56:30

Have you got a contract with sick pay entitlement in it? Can you copy the relevant pages to your manager/whoever's doing the payroll with a nice but firm note just outlining that you've worked two weeks and are also entitled to sick pay as enclosed? Contact your HR dept as well at the same time and ask for the matter to be dealt with ASAP.

traininthedistance Wed 26-Feb-14 21:59:27

Plus one benefit to joining a union is that you normally get access to legal advice and possibly also legal representation through your union even if your workplace doesn't recognise unions. Most have rules about how soon you can apply for legal assistance after you've joined (to prevent people from joining just to get their legal costs paid!) but it's useful to know for the future, especially if your employer is a repeat offender with this sort of thing.

Rockchick1984 Fri 28-Feb-14 11:11:09

Are you sure it's not statutory sick pay that your company offers, with you saying its only paid after the first 3 days? Just that your income isn't high enough to qualify for SSP so you wouldn't be paid anything by your company in that situation and would need to apply to the government for ESA.

kazza446 Fri 28-Feb-14 11:28:10

Sorry you are going through this avacathar. I'm going through something very similar. It is so stressful. Hope you get it sorted soon. Have you looked on the gov website, think its called yougov and it will explain ssp entitlement on there. Check your house insurance to see if you have any legal advice included in your policy.

kazza446 Fri 28-Feb-14 11:28:48

Meant to say! Acas are very good too!

Chasdingle Fri 28-Feb-14 22:26:42

you are only entitled to SSP if your earnings are above the lower earnings limit which is currently £109 for the 2013/14 tax year. You said you get about £100, are you less than £109?

www.hmrc.gov.uk/payerti/employee/statutory-pay/ssp-overview.htm

Cindy34 Fri 28-Feb-14 22:41:40

If earning is below 109 gross per week, then I think it is form SMP1 that they should give you, so you can put a claim to DWP for Employment Support Allowance.

Sounds like your gross salary is a key factor here, also the company sick pay scheme as that may have qualifying critera. Try to dig out documents relating to those things, so you can get advice from CAB / ACAS.

Chasdingle Sat 01-Mar-14 00:11:35

isn't SMP1 for maternity pay?

Cindy34 Sat 01-Mar-14 04:30:07

Yes, meant SSP1 form.

Avacathar Sun 02-Mar-14 16:10:37

hi all, sorry been offline for a bit. I signed a contract back in 2011 and although i have had my contract lowered to a 16 hour contract I have nothing in writing to show this. for the 2013/2014 tax year my earnings are higher as i've been on SMP for 4 months which would have bumped it up a little. I have recently posted a newer thread, could you take a look? I've got nowhere over the weekend concerning my wages. thank you all btw! You've all been helpful!!

Avacathar Sun 02-Mar-14 16:14:51

just worked it out... if we are 47 weeks into tax year up intil (01/03/14) the i have earned 110 pw if its week 48 then i have earned 108.16... arggggh

Jaffakake Sun 02-Mar-14 18:07:38

Your house insurance sometimes includes legal help. It may be worth looking at.

Avacathar Tue 04-Mar-14 21:18:27

Thanks you all for your help! The issue was resolved today, Although I'm off sick I went into work and picked up the other 40% £150 of my wages. It was the first three days I don't get paid then full pay after smile Thanks again all! xxxxxxx

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