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Can my employer do this? Is this even legal?

177 replies

Stroggle · 22/11/2023 21:33

have the first 3 days sickness unpaid? Then ssp? So if I get a sickness bug I’m going to lose 2 days pay? I’ve never encountered this and I’ve worked in some Mickey Mouse places

OP posts:
Alphabet1spaghetti2 · 22/11/2023 23:20

@MsCactus wait until you find out that if you earn less than £123 per week you don’t even qualify for ssp - you get a big fat zero pounds. (Unless you have a generous employer who’s sick pay is above mandatory minimum ssp)

panca · 22/11/2023 23:20

MsCactus · 22/11/2023 23:13

Yes but I thought it had to be full pay, and had no idea that statutory sick pay doesn't include your first three days off sick

That would be the government's fault

Stroggle · 22/11/2023 23:21

To me it’s utterly shocking

the industry standard is income protection, CIC, LI, DiS, 6 months Mat pay, 38 hols, esp at my level, 10% + match pension- I’m really shocked at reading these policies

OP posts:
Clytherow · 22/11/2023 23:21

panca · 22/11/2023 23:19

The company is not a charity. You are paid to work. Having 3 days then SSP seems fair to me for the first 6 months. Otherwise you'd get people going from job to job and calling in sick.

This is such complete bollocks, because when you're doing recruitment if someone has a history of moving from job to job after 3 months or whatever then they just don't get hired. It's an invented scenario. I work in HR and never come across it.

panca · 22/11/2023 23:21

Clytherow · 22/11/2023 23:20

I also think it's a totally stupid assumption that people shouldn't get sick in their probationary period. Probationary periods are a totally outdated concept full stop.

Disagree. There needs to be an easy out for both employer and employee if it isn't working.

Clytherow · 22/11/2023 23:21

panca · 22/11/2023 23:21

Disagree. There needs to be an easy out for both employer and employee if it isn't working.

Under 2 years service there is always an easy out, certainly for the employer.

panca · 22/11/2023 23:22

Clytherow · 22/11/2023 23:21

This is such complete bollocks, because when you're doing recruitment if someone has a history of moving from job to job after 3 months or whatever then they just don't get hired. It's an invented scenario. I work in HR and never come across it.

Of course they don't because they won't get the decent sick pay unless they stick somewhere. That's the point.

Clytherow · 22/11/2023 23:23

panca · 22/11/2023 23:22

Of course they don't because they won't get the decent sick pay unless they stick somewhere. That's the point.

You just said you'd get people going from job to job just to obtain the sickness benefits. That would flag up in recruitment. And it never does.

Stroggle · 22/11/2023 23:23

panca · 22/11/2023 23:19

The company is not a charity. You are paid to work. Having 3 days then SSP seems fair to me for the first 6 months. Otherwise you'd get people going from job to job and calling in sick.

No you wouldn’t, you might get one or two that take the piss but you deal with that on an individual level.

for instance I took 2 days sick last year and none in my probation despite being entitled to pay

OP posts:
panca · 22/11/2023 23:25

Clytherow · 22/11/2023 23:23

You just said you'd get people going from job to job just to obtain the sickness benefits. That would flag up in recruitment. And it never does.

I said "otherwise"

Clytherow · 22/11/2023 23:25

Stroggle · 22/11/2023 23:23

No you wouldn’t, you might get one or two that take the piss but you deal with that on an individual level.

for instance I took 2 days sick last year and none in my probation despite being entitled to pay

The concept of dealing with issues on a case by case basis is utterly alien to so many employers. So many have literally no idea how to actually manage people.

Clytherow · 22/11/2023 23:26

panca · 22/11/2023 23:25

I said "otherwise"

But you don't. I work in an industry where generous sick benefits from day one of employment are the norm, and it simply doesn't happen. It's a fallacy employers use as an excuse not to offer proper benefits.

panca · 22/11/2023 23:26

Stroggle · 22/11/2023 23:23

No you wouldn’t, you might get one or two that take the piss but you deal with that on an individual level.

for instance I took 2 days sick last year and none in my probation despite being entitled to pay

It's hard to prove if someone is genuinely ill or having a day off

gnarlynarwhal · 22/11/2023 23:26

panca · 22/11/2023 23:19

The company is not a charity. You are paid to work. Having 3 days then SSP seems fair to me for the first 6 months. Otherwise you'd get people going from job to job and calling in sick.

I find it hard to believe people would go from job to job just living off sick pay until they are sacked. In my work place it’s paid and we don’t seem to have any issue with high sickness levels and I’ve worked here for years.

Clytherow · 22/11/2023 23:27

panca · 22/11/2023 23:26

It's hard to prove if someone is genuinely ill or having a day off

This attitude represents everything that is wrong with general UK workplace culture. Every day I think my lucky stars I no longer work as internal HR because it is so depressing dealing with attitudes like that.

chumblywumbly · 22/11/2023 23:28

I work for a county council and they do this.

Then wonder why they struggle to recruit.

In all my working life (30+) years never experienced it before. Worse, no one tells you until that first time you're sick!

gnarlynarwhal · 22/11/2023 23:28

It’s not being a charity looking after your workers Panca. For some people the loss of 3 days pay could literally mean they can’t afford to pay the bills that month so they end up going in when they are sick and passing it onto everyone else.

KThnxBye · 22/11/2023 23:28

Clytherow · 22/11/2023 22:29

Well you're legally entitled to SSP so your employers are breaking the law.

No, I wasn’t legally entitled to/am not currently entitled to SSP and although one of them was definitely breaking the law it wasn’t on this.

Clytherow · 22/11/2023 23:29

gnarlynarwhal · 22/11/2023 23:28

It’s not being a charity looking after your workers Panca. For some people the loss of 3 days pay could literally mean they can’t afford to pay the bills that month so they end up going in when they are sick and passing it onto everyone else.

Yes, such a backwards attitude. Workplaces that care about employee wellbeing get much more from their employees with much higher levels of staff retention and satisfaction.

gnarlynarwhal · 22/11/2023 23:31

chumblywumbly · 22/11/2023 23:28

I work for a county council and they do this.

Then wonder why they struggle to recruit.

In all my working life (30+) years never experienced it before. Worse, no one tells you until that first time you're sick!

And they probably pay below market rate for the jobs as well.

Clytherow · 22/11/2023 23:31

chumblywumbly · 22/11/2023 23:28

I work for a county council and they do this.

Then wonder why they struggle to recruit.

In all my working life (30+) years never experienced it before. Worse, no one tells you until that first time you're sick!

Takes me back to when I was internal HR and constantly banging my head against a brick wall as senior management moaned about how they couldn't recruit, when they offered only the statutory benefits.

chumblywumbly · 22/11/2023 23:32

@gnarlynarwhal how did you guess?

I've only stuck around as I have young DC and need to be local. As soon as that changes I'm off.

panca · 22/11/2023 23:33

gnarlynarwhal · 22/11/2023 23:28

It’s not being a charity looking after your workers Panca. For some people the loss of 3 days pay could literally mean they can’t afford to pay the bills that month so they end up going in when they are sick and passing it onto everyone else.

Some companies care about that. Others clearly don't and can't afford to pay people who aren't working. Choose where to spend your money wisely. People who don't care about slave labour they aren't going to care about someone getting SSP. I personally think the 3 days needs to be reduced to 1 day unpaid.

chumblywumbly · 22/11/2023 23:33

@Clytherow don't get me started on the rest of their failings. 🤦🏻‍♀️

panca · 22/11/2023 23:34

gnarlynarwhal · 22/11/2023 23:31

And they probably pay below market rate for the jobs as well.

Work somewhere else then