Previous precedent on sick pay and changes

[KittyVonCatsworth]

Sorry to another CV thread, unchartered waters indeed.

Our contracts state that our company will pay SSP, our RTW firms have a box that it's to the managers discretion that full pay will be paid. Up to now, managers have paid normal pay (that I know of from myself and colleagues). So the precedent has been set.

Word in the office is that now they're working to the contract and will pay SSP only, unless over 2 years employment where full pay will kick in after a certain amount of time. No one has been there more than 2 years yet.

My question is, can they work to contract although that has not been the norm?

They probably can. It is rare for custom and practice to override the specific terms of a contract.

If a specific contract term has been consistently ignored for all employees for many years, to the point where it is reasonable for employees to assume it will continue to be ignored, the courts may decide that custom and practice overrides the contract. Since you say that no-one has been there more than 2 years it isn't clear that there is sufficient history of the term being ignored to justify overriding it.

If you want certainty you will need to consult a solicitor who specialises in employment law.

Thank you ❤️