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Original poster

My employer is withholding my sick pay due to"self inflicted sickness"

81 replies

Newtothis95 · 25/04/2016 22:24

I have been working for my company for over 3 years and within the last 5/6 months I've been stressed out due to university,work single mother of a two year old it's hard work! But I'm a quiet and strong person so I don't open up much. However 2 weeks ago I seemed advice from a friend at work who is of a higher position then me and asked how do I get sick leave from work as I'm stressed with my son and uni and work balancing it all, she advised to go to the doctor but doubted I'd get paid as our employers are strict so I took her advice saw my doctor and explained my feelings he then signed me off a sup form for 4 weeks due to stress. I gave this to a manager and she said it get paid and she'll see me when I'm back. Now today I received a call from my deputy manager explaining the my sick pay has been with eld bearing in mind today is Monday my payday is Friday and I have been off work 2weeks+. He then phoned back and said my pay has been withheld due to my employ me to hand book stating there aloud to do this ifor my sickness is "self inflicted" I asked how this was he said prior to your conversation with another member of staff mentioning about says you have during this time this is your fault I argued my point which was this is one of my stressed work and my son and my housing are the othersame of many. The phone call was rounded up by him repeating he is just telling me that my pay has been withheld and that I can have a follow up when I'm back may 13th. I need my pay this Friday I have bills,rent and childcare to pay for etc. Surely this can't be legal or right? Any help????

OP posts:
Muddlewitch · 25/04/2016 23:21

So are you off from Uni too? I take it you are not if you are doing essays.

I think you need to be careful, I have known people with two part time jobs who have been off sick from one and still turned up to the other - they were sacked (this has been more than one person I've known in my career.) If you have a contract you should be working unless you are too ill to, have booked leave or resign - if you are too ill to work I am not sure how you justify doing uni work. I really think you need to be very careful with this or it might be more than a couple of weeks of pay you lose.

If it is all causing you stress (which is completely understandable with so much on your plate) you need to look at ways to resolve that - a job with fewer/ different hours or switching to a part time course for example. Otherwise even if they did give you sick pay you are just delaying the problem not resolving it which won't be good for your health long term.

Original poster
Newtothis95 · 25/04/2016 23:22

@AnchorDownDeepBreath I understand yes she is senior only just madr senior though I didn't see the wrong doing in going to a friend for advice but now I do.
I just sent in a picture my sick pay isn't discretionary so what does this change?
And no to both canthe go back earlier or finish work earlier

OP posts:
Jobseekernightmare · 25/04/2016 23:22

What idiots they are. An illness or condition doesn't have to be caused by the workplace to be valid. If you have stress you have stress. Call them on their bullshit.

sleeponeday · 25/04/2016 23:24

OP you need to report your earlier posts to MN (there is a report link on the top right of every post) so they can amend your username, or you're really identifiable.

If you've deferred your uni work, and aren't going in because of the stress, then you need to get the evidence that proves that so you can provide it to your manager. It sounds like they are under the impression that you're getting signed off so you can better concentrate on your studies - effectively, they think you're treating sick pay as paid study leave. If you are also using the sick leave so you have a break from college work, because you are genuinely unable to work in either capacity, then you might be able to argue your case, given you were told when signing off by your manager that you would be paid.

It does sound rather as though your friend has been telling your managers that you just want some paid time off to catch up on your essays. So the communication with college saying otherwise will perhaps be helpful.

KittensandKnitting · 25/04/2016 23:24

I would report your post to mumsnet if the original post contains your real name.

As many others have said the "sick" pay is at their discretion, they have decided not to pay, because your stressed in their eyes by your university work, However to be fair on them you are actually taking time off to do your essays not to get well.

You discussed with a senior member of staff, and they advised you that you were unlikely to get paid, when you asked them "how can I get sick pay"

I appreciate its going to be difficult you will get statutory sick pay, I think you need to suggest going back earlier otherwise you won't get paid for the rest of the time you are off.

I'm fair it sure a union rep can't fight against your contract of employment on this matter, it says at thei companies discretion it's unfortunate but it is what it is.

Original poster
Newtothis95 · 25/04/2016 23:25

@BaronessEllaSaturday 16hours? I'm sure Imy eligible

OP posts:
sleeponeday · 25/04/2016 23:26

And I am differing my essays due to stress so yes I am unfit. My doctor gave me a ssp form so why aren't I entitle to this

People keep saying she can't be ill if she can do her essays. She's not: she's deferred them, too.

Have you already arranged that, OP? Unfortunately if it's an intention, and not achieved, then it may look rather like arse-covering at work.

Jobseekernightmare · 25/04/2016 23:26

God, I would be tempted to ask him on what evidence he bases his accusation. A colleague saying 'oh yeah she's not really sick' isn't bloody good enough.

Original poster
Newtothis95 · 25/04/2016 23:27

@Muddlewitch I understand I am differing essays as I have previously said. May is exam/essay period then we break up till September then that is my last year don't want to to sound blunt but this is a part time job in retail whilst I'm studying so long term I won't be affected its now I am and why I'm seeking help

OP posts:
lougle · 25/04/2016 23:28

You're entitled to SSP. But if your company sick pay scheme is discretionary, you've asked a senior colleague how to get sick leave, then you've produced a sick note with stress on it, they're bound to be unhappy about paying.

Stillunexpected · 25/04/2016 23:29

OP, can you clarify exactly what is being withheld? It looks as if your company pays sick pay at your normal weekly rate for a period of time, depending on length of service. Some people seem to be under the impression that you won't even receive SSP and I don't think you have said that? Have your company said that you won't receive any pay at all or just not the additional company pay on top of SSP? Although as also already said, depending on your usual pay you may not be earning enough for SSP.

BaronessEllaSaturday · 25/04/2016 23:30

Newtothis95 it's not based on your hours but how much you earn.

MairyHoles · 25/04/2016 23:34

SSP can be paid if you earn over £112 per week. If it doesn't say company sick pay is discretionary in the contract then they can't unilaterally change it but they appear to be questioning whether you are ill at all.

Original poster
Newtothis95 · 25/04/2016 23:36

@jobseekernightmare thank you! !!!!!

OP posts:
Original poster
Newtothis95 · 25/04/2016 23:37

@sleeponeday thankyou I have reported them how soon will they go and no I haven't achieved it yet so I understand

OP posts:
Original poster
Newtothis95 · 25/04/2016 23:38

@lougle okay but my manager isn't aloud an opinion based on hearsay

OP posts:
Original poster
Newtothis95 · 25/04/2016 23:40

@unexpected I am Un aware he phoned me today and said "I'm phoning to say your sick pay is being withheld so I don't actually know what that refers too

OP posts:
CocktailQueen · 25/04/2016 23:40

Add message | Report | Message poster lougle Mon 25-Apr-16 23:28:50
You're entitled to SSP. But if your company sick pay scheme is discretionary, you've asked a senior colleague how to get sick leave, then you've produced a sick note with stress on it, they're bound to be unhappy about paying.

This. You've just asked someone in your company how to get sick pay! It's not your company's fault you're at uni too. To me, it's not clear that your 'stress' is caused by work, so why should work pay?

Original poster
Newtothis95 · 25/04/2016 23:42

@maireyholes that is exactly what there doing so my point is is that aloud? Just because of what one member of staff has said to them? And I earn just over that a week so I am entitle?

OP posts:
lougle · 25/04/2016 23:43

It's not hearsay if it's your friend/colleague directly reporting her conversation with you. It would be hearsay if it was colleague A reporting to your manager that she'd heard colleague B (your friend and one senior) and you talking and you said about how stressed you were with essays, etc.

ilovesooty · 25/04/2016 23:44

Your work are probably getting the impression that you have taken on too much and you expect them to continue to pay you while you've taken insufficient care of your own health.

Original poster
Newtothis95 · 25/04/2016 23:49

@lougle okay but it's a conversation they wasn't a part of end of. So I don't even know what she relayed back to them because she could have misome interpreted it . So without directly coming tome and questioning and leaving it 4 days until pay day to tell me I'm not being payed is unprofessional and should be a problem

OP posts:
Original poster
Newtothis95 · 25/04/2016 23:50

Ilovesooty probably but there shouldn't be any impressions going on when I have a statement from a medical professional stating I'm unfit to work

OP posts:
Stillunexpected · 25/04/2016 23:50

my manager isn't aloud an opinion based on hearsay - it isn't hearsay if your colleague has reported your conversation directly and if the company sick pay is discretionary then your manager probably is allowed an opinion. I say "probably" because the extract from your handbook doesn't specify how the company determine if you will be paid or not. If you can show them that you have also stopped your uni work in order to recover it will probably help your case. However, I wouldn't hold out a great deal of hope because they may well say that it is your uni work and deadlines which has caused the stress rather than your retail job which you have been doing for three years. If you are just over the amount for SSP then you should be paid that at a rate of £88.45 a week after the first four days which is not that much less than you are earning in work. Do you think it's possible for you to get by on that until you return to work?

notapizzaeater · 25/04/2016 23:53

They cannot withhold SSP they can withhold company sick pay. To qualify for SSP you need to have earnt £112 a week for a few weeks previously (can't cut and paste properly on iPad)

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