Sick Pay help

[mummy2gracieboo]

I will try and keep brief. My question is whether I will be able to challenge not receiving company sick pay when it has been received in the past. I am currently off sick with anxiety and stress, I've been off 2.5 weeks and signed off for a further 1.5. Per my contract the company will pay company sick pay at its discretion provided the company's rules and regulations are followed (there is nothing further in the contract). In the past I've been paid, called on the first day of sickness and received full pay. In my contract it states "contact" by 9am on the first day of absence. The HR policy (which does not form part of my contract) says to call by 9am every day you are off. I have today had a meeting with HR regarding reaching a settlement agreement (I feel i have been the victim of bullying and harassment by a manager that is notorious for it and also discriminated against regarding my anxiety GAD). The HR manager bought the policies with her at my request (they are not available publicly outside of the office as they are on our intranet) and I am shocked to read about the every day contact rule (I'm sure I did not do this when off sick previously and in receipt of CSP). I have explained to her talking on the telephone exacerbates my anxiety so not conducive to getting better.

Am I grasping at straws? Do I need to call in every day from now til the end of the month (I hope not as the point of contact is the line manager who has been bullying me )

[Kati]

Re: Sick Pay help

Hi [MENTION=63609]mummy2gracieboo[/MENTION], welcome to LB

If your company has a sick pay scheme, you may have to follow the rules set out by the company (see - http://www.nidirect.gov.uk/sick-pay-rights). If not, you should be entitled to Statutory Sick Pay (SSP) for up to 28wks (see - https://www.gov.uk/statutory-sick-pay/overview).

To find out if you are eligible for SSP, see here - https://www.gov.uk/statutory-sick-pay/eligibility

I'm sure you will get lots of other advice from the knowledgeable Beagles

K x

[darwinawards]

Re: Sick Pay help

the company will pay company sick pay at its discretion provided the company's rules and regulations are followed

In my opinion, "at its discretion" allows the company the option of not paying sick pay. This sentence should read "if you do not follow the company's rules and regulations then we will not pay you anything other than statutory requirements, but if you do follow the company's rules and regulations we might pay you sick pay in addition to statutory requirements."

Company sick pay is almost always at the companies or managers discretion, therefore they can choose when and if to give you company sick pay.