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Sick pay, I want to quit my job!

 
Sick pay, I want to quit my job!

I started my job last year, I hate it! it is not what I thought it would be, I am stressed now just thinking about it. I have been on sick leave since Dec. as I had an operation. I am due to go back in a couple of weeks. I have got an interview this week, in my chosen profession which I am looking forward to. I know I havent got the job yet, but if I do am I likely to have to pay back my sick pay? I feel really awful about all of this as I havent been there long.Can anybody give me advice please.

Florence66

02/03/2010 11:19:31

No I wont quit my job, until I have a firm job offer. I just feel so bad that I have been off all this time getting paid, then I may leave.!!But I would be happier!!

Florence66

02/03/2010 11:50:51

Thanks this makes me feel better!

Florence66

02/03/2010 12:02:25

Florence you will need to read your contract as to what it says regarding your sick pay. You are not automatically entitled to 6 months full pay and 6 months half pay, you are only entitled to statutory sick pay BY LAW however many companies will have their own policies on paying people when they are off sick.

Check your contract, if you are entitled to full pay while off sick then that is what you will get, however that is usually discretionary.

If you are off sick during your notice and your contract says that you can receive full pay at the companies discretion they may choose not to pay you full pay, and instead pay you SSP.

Joachim, what you have just said is absolute nonsense, how can you say sick pay is contractual and then proceed to say the poster is entitled to 6 months full pay and 6 months half pay - I dont see her giving details of her contract ANYWHERE in her post??

Florence, please ignore Joachims advice, check either your contract or (if you can access it) the staff handbook as that may say what you are entitled.

LEGALLY you are entitled, when resigning, to be paid for any holiday which you have accrued (but not yet taken) and your salary for your notice period. If you are off sick for the entirety of your notice period, you may be paid either SSP or in accordance with what your contract says. Your employer may make deductions from your final salary for holiday you have taken but not yet accrued.

newman123

02/03/2010 12:12:06

Splitting hairs? Very well, agreed - you did not say six months, my apologies - please explain where you got the information from Florence's posts that "Sickpay is contractual you entitled for so many month full pay and after halfpay"

Perhaps I have missed something else?

newman123

02/03/2010 12:20:50

Thanks I will look at my contract very carefully, thanks for your advice.

Florence66

02/03/2010 12:30:04

My argument, Joachim is that there is no such legal right whatsoever! There is a statutory entitlement to sick pay and your employer must BY LAW pay you no less than your statutory entitlement (which is incidentally £79.15 per week) but there is NO LAW which requires employers to pay you so many months full pay and so many at half pay. This is a CONTRACTUAL right which is not enforceable unless it is in your contract - it is not "law"

newman123

02/03/2010 12:33:26

Probably not worth my saying this because I will no doubt get my head snapped off because Joachim never gives incorrect advice - but with the exception of the fact that Joachim did not say 6, Newman is entirely correct. There is no automatic right to sick pay except SSP and anything over and above that is a purely contractual matter. Assuming that the contract stipulates a particular set period is exactly that - an assumption and an unwarranted one.

I quote Joachim "because it is a well known law that if you employed you get that many month on full and that many on half" - please tell me WHICH well known law states this. To save you the trouble of doing a google search, there isn't one.

shikahra

02/03/2010 12:34:34

Yes Joachim, your contract said it - which means that CONTRACTUALLY you were entitled to the full pay half pay scenario when off sick. If your contract did not say that, then all you would be entitled to would be SSP. This is not the same for each and every one else's contract - my contract says I am entitled to full pay at the discretion of the partners of the firm and SSP thereafter, and my partners contract says he is entitled to SSP only. They are all different.

The only law is entitlement to SSP in the absence of any contractual provision.

newman123

02/03/2010 12:40:17

Hi, just to clarify that last part of Newman’s post – If you are off sick for your entire notice period then whether you are entitled to be paid for the notice period depends on what your contractual notice period is:

If your notice period is no more than Statutory notice (one week per year capped at 12) then you are entitled to full pay for the notice period. Note – that’s full pay, not SSP.

If your notice period is more generous than Statutory, then the Company can legally pay you nothing during your notice period.

as outlined in sections 87 and 88 of the ERA 1996).

Of course the employment contract may have more generous provision, though anything less (for example paying SSP during the (statutory) notice period) would be in breach of the ERA.

I don't see how Joachim's former contractual sick pay entitlement has any relevance to the person asking for advice here.

lm862510

02/03/2010 12:42:12

Joachim - you assumed that she was receiving contractual sick pay. Nothing in the post says that. "Receiving sick pay" could be SSP. SSP IS sick pay!

shikahra

02/03/2010 12:49:07

Joachim, the only one of your posts that I "misread" was the 6 months part (unfortunately you cannot see the previous replies when posting a reply yourself), however that does not change the fact that the advice you gave was incorrect! If the original poster IS only receiving SSP (which she may be as she has not distinguished what she is receiving), based on the advice YOU gave her she may well have gone marching to her employer demanding her "so many months full pay and so many half pay!"

newman123

02/03/2010 12:55:47

I am actually contracted to receive sick pay,for up to the first year that I have worked I get 1 months full pay then half pay after that.Thankyou for all your advice.

Florence66

03/03/2010 09:24:21