Employer not paying my sick with Doctors medical note

[Lily808]

I have just had a return to work interview where I was off sick for 9 days in total.

 

I have been told by my manager that due to company procedure that due to me being off sick on more than 3 occasions in a 12 month period they will not be paying me the days I was off sick.

Their company procedure states that:

"The Company reserves the right to limit the number of absences in any 12 month rolling period to a total of 3 periods of absence. At this time the Company will review the application of the sickness scheme and reserves the right to withdraw the entitlement to OSP at any time"

 

I had followed procedure and had contacted them keeping them updated of my illness and I went to the doctor on the 3rd day of me being off sick and I have a doctors note for the period I was off apart from the 1st 2 days.

 

My question is, where do I stand, are they allowed to not pay me anything? What do I do now?

[honeybee13]

Hello there.

 

I thought they had to pay you SSP, hopefully someone in the know will confirm or deny that.

 

HB

[andytheguv]

Do you get company sick pay? If so then you are bound by those terms but you should get SSP which is only about £9 a day but its better than nothing.

[Lily808]

Yes I should get company sick pay. However it seems they are just going to pay me SSP.

[SabreSheep]

OSP? does that stand for Occupational Sick Pay?

 

If so, that is disretionary and down to the employer to administer and set the rules. HOWEVER

 

They cannot change the rules for Statutory Sick Pay

 

Info available here https://www.gov.uk/employers-sick-pay/entitlement

[becky2585]

Essentially your sick pay is discretionary, so provided they have paid you SSP, there's no entitlement to anything over and above that.