Is boss allowed to say this? Or more fuel for the fire?

[bohemianbint]

Just wondering - before I went on mat leave, I had a couple of days of sick, perhaps 3 altogether in 6 months. Two were consecutive as I had food poisoning and one was a pregnancy related illness.

When I returned after a day off sick, boss said if I was off sick again I wouldn't get paid SSP as it was at his discretion and he didn't have to pay me.

Is this true? I asked him at the time he was implying that I was swinging the lead and he seemed to back off and denied it.

Was he within his rights to say this or is this more fodder for my discrimination case?

here is related thread...

SSP has to be paid after 3 consecutive days off sick, but before those 3 days are up it is up to the employer whether they pay you or not

Cheers Ellie. So he was within his rights on that one then...Even though he was blatantly having a go at me for being ill whilst pregnant!

"It's unlawful sex discrimination for employers to treat women less favourably because of their pregnancy or because they take maternity leave. Such treatment includes things like:

• trying to cut your hours without your permission
• suddenly giving you poor staff reports
• giving you unsuitable work
• making you redundant because of your pregnancy (you might still be made redundant for other reasons)
• treating days off sick due to pregnancy as a disciplinary issue"

see this

so yes he can refuse to pay company sick pay for the first 3 days (until SSP kicks in) BUT only if he does that to every other employee and not just to you because he thinks you're swinging the lead as you're pregnant

Cheers Betsy!