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Discrimination in the work place ?


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Hi,wonder if anyone could advise me on this one..

 

I work for a small family business in Scotland..I recently had 5 weeks off work(first absence for 3 years) when I was hospitalised by a couple of asthma attacks..Checked my bank account to discover I had only been paid statuary sick pay,(nothing wrong with that I hear you say)

Except when my colleague was off sick last year,coincidently for about 5 weeks ,l I know he was paid in full.

 

Obviously I'm a bit miffed about this but have said nothing as I enjoy working there and didn't want to rock the boat.Unfortunately it's niggling away at me and I'm not sure how long I can bottle it up.

It's not just the financial issue..it's actually left me feeling like an unvalued and unappreciated employee..

 

Any advice on possible course of action open to me and likely outcome ?

 

Thanks in advance

David

Edited by fireandrain
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in view of no contract the best thing to do is ask what the policy is, in some companies its discretionary, my OHs company pay for months and months but my friends company dosnt pay anything eccept ssp

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Asking why you didn't and he did; what their criteria is for differentiating.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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in view of no contract the best thing to do is ask what the policy is, in some companies its discretionary, my OHs company pay for months and months but my friends company dosnt pay anything eccept ssp

 

But in the same company....wouldn't paying someone who's off sick in full and not another employee when he's off sick be a case of blatant discrimination ?

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To label anything as discrimination you need to be able to PROVE that the employer treated you differently BECAUSE of your sex/race/religion etc - the fact that they did treat you differently does not necessarily mean that discrimination occurred. It may be unfair and unjust, but that isn't automatically the same thing.

 

Hence why you need to discuss this first in order to try and understand the employer's reasoning and justification.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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i dont know why you simply dont ask the boss why you avent received full pay. If he says its policy then ask why the other person got it. keep it calm and non-confrontational

I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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i dont know why you simply dont ask the boss why you avent received full pay. If he says its policy then ask why the other person got it. keep it calm and non-confrontational

 

You've never met my boss !

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The difficulty is, if you are not prepared to ask, there is not much advice we can offer that will help.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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i remember we had this problem at my workplace last year and it turns out that if a company operates a company sick pay scheme even if it discretionary they cannot pay one person who is off sick and not someone else who is off sick..

this is law and is somewhere on the direct gov site.

regards

hunterandthehunted

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It is only unlawful if the discretion is exercised to favour an employee for reasons of sex, age, religion etc but then it only takes a white/straight/male person to receive sick pay but a black/gay/female is denied it and the POTENTIAL then exists for a discrimination case.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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The op has got to ask why they didn't get paid, if the boss is difficult just say in general conversation was there any reason for not getting paid, you dont have to make a big thing about it until you know why

If I have been of any help, please click on my star and let me know, thank you.

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