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Employer has removed sick pay from my contract - advice please

6 replies

McPhee · 23/04/2012 20:34

In light of me having had a lot of time off during the start of my pregnancy, during which time I was hospitalized, she has taken sick pay out of my contract. So now I am only entitled to SSP.

What I want to know is can she legally do this, whilst I am pregnant? My DP seems too think that changing my contract during this time is illegal.

Thanks

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Gigondas · 23/04/2012 20:36

Is that all she has done or is it part of a general review of contract? I am not sure you cant review a contract when Pregnant. It is about whether it's discrimatory.

McPhee · 23/04/2012 20:37

I cut my hours down, so she decided to do this at the same time without consulting me.

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Gigondas · 23/04/2012 20:43

Hmm- I would see if someone like Katie Middleton or hairylights is about to confirm. When you say don't consult - I assume she gave you contract to review and sign? So whilst not explicitly mentioning it , I assume you weren't forced to sign.

Before you get Into legal rights do you want to keep this job post ml? I ask as it sounds like me she is just protecting her finances in the event of future ill health. It I bloody expensive to pay sick pay over ssp and either lose work days or find alternative childcare. Your employer is probably trying to be practical about that. If you are generally not sick then it's not likely to be an issue . However If you are concerned you have to balance how you can speak to employer about this .

Sick leave with nannies is very tricky- you want to do right thing and be sympathetic but it can be very expensive in money/time etc.

CarpeJugulum · 23/04/2012 20:43

Not an expert, but changes in contracts have to be agreed by both sides iirc.

Don't sign anything!

McPhee · 23/04/2012 20:55

This sadly was done a few months back, and I've already signed. At the time I was recovering from very bad morning sickness, feeling very emotional and she had already been rather nasty to me about my sickness. Yelling at me down the phone on a few occasions Sad

Because of the state I was in, I wasn't even aware any of this may have been wrong at the time. It was only because it was brought up in conversation with my DP that it's made me think.

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r3dh3d · 23/04/2012 23:01

If you've signed, it's difficult. Sad Do you have any documentary evidence that you didn't want to sign, or were co-erced into signing in any way?

Plus by cutting your hours down you fundamentally changed the contact terms and renegotiated. Which makes it even more difficult to hold your employer to the parts of your original contract that you like, while waiving the bits that you don't.

What were your original sick pay terms? Tbh, very few private employers can afford to pay full sick pay for more than a week or so - it's crippling.

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