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I've recently started a new job and when i got my contract it stated in there that sick pay was at the company's discretion. I felt sure that they were supposed to say you either get paid it or you don't so i didn't sign it while i made sum enquiries.

That was in August and to be honest i'd kinda forgotten about it.

Anyway, last week i had to have 4 days off with the winter vomiting bug. My boss has told me today that I'm not getting paid for it. Only coz i asked her too, as someone told me to check. If i hadn't asked she would have just taken it out of my wages without a word.

Does anyone on here with a bit of a employment law head know where i stand?
I know its my fault as i should have got my act into gear and checked up on the contract, but are they allowed to put that sick pay is at companies discretion?
And if I haven't signed the contract (they don't seem to have realised) does it affect my rights at all?
I didn't go to the doctors coz all the advice on the tv said not to, but should I have got a sick note or something?
 

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Digging back into my memory (its been a long time since I needed this info), a company has to pay you the minimum of Statutory sick pay if you have been there long enough to qualify ( I can't remember how long that is)

SSP is somewhere around £80 per week.

If you do not qualify, the company have to complete an SSP1 saying why not and you have to claim Incapacity benefit.

I think there is a 3 day waiting period like there is with JSA too, but I can't be sure.

It may have changed my benefit knowledge isn't as up to date as it was when I was doing it daily!!

I work for the government - I get 6 months full sick pay then half at half pay and then SSP, but this is at their discretion.

Emma
 

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If you have 4 consecutive days off work, you are legally entitled to claim SSP via your employer, here's a great website with all of the information about SSP... http://www.dwp.gov.uk/lifeevent/benefits/statutory_sick_pay.asp#what

It's not a great deal of money but it is better than nothing.

We run a small business and our staff do not receive sick pay, however it is clearly stated in their contract of employment so they know exactly where they stand.

Unfortunately, terms and conditions vary from company to company, you could have full sick pay, none at all or even payment after a qualifying time period with the company.
 

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And if I haven't signed the contract (they don't seem to have realised) does it affect my rights at all?
The fact that you haven't signed doesn't mean anything I'm afraid. You have continued to work for them under 'Implied Terms' which means you have received their contract and the fact that you turn up to work every day, you have accepted their conditions of employment.

I didn't go to the doctors coz all the advice on the tv said not to, but should I have got a sick note or something?
Here's another weblink http://www.hmrc.gov.uk/forms/sc2.pdf this is the form you have to fill in and hand in to your personnel department to claim SSP.
 

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when i was working at my last job i had a back
injury :( .. i was signed off from work by my doctor
when i went back my boss only paid me the basic
statatory sick pay 60/70 quid :mad:
very reasonable after 6 years employment :mad:
Would you pay somebody a few hundred quid a week out of your pocket?
If so how long for, 6 weeks, a year?

I couldn`t hence i use sub contractors only.
 
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