Employment Law question ...
#1
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Employment Law question ...
I'll just quickly summarize whats happened.....
Last week I had Tuesday off ill (its the first day I've had off in 4 months since I started work for the company) and then today I phoned up and told them I wont be in as I'm not well.
I've just got an email from the Company telling me I wont get paid as its not their policy and I'll need to claim it back from SSP! Is this right? I was under the impression that they had to pay you and if your off for more than xyz days you'd need a Doctors certificate then if it turned into a longer term then it'd be SSP time?
Any good advice would be grateful even though I dont know why I bother with the monkies as after 4 months I'm still on emergency tax and my pay is always late and sometimes 10 days after its suppose to be paid I should of stuck with working for myself
Last week I had Tuesday off ill (its the first day I've had off in 4 months since I started work for the company) and then today I phoned up and told them I wont be in as I'm not well.
I've just got an email from the Company telling me I wont get paid as its not their policy and I'll need to claim it back from SSP! Is this right? I was under the impression that they had to pay you and if your off for more than xyz days you'd need a Doctors certificate then if it turned into a longer term then it'd be SSP time?
Any good advice would be grateful even though I dont know why I bother with the monkies as after 4 months I'm still on emergency tax and my pay is always late and sometimes 10 days after its suppose to be paid I should of stuck with working for myself
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From: woodbridge
If contractual sick pay is not payable at all under the terms of the employee's contract then the employee will only be entitled to statutory sick pay.
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From: Ramsgate, Kent Drives: E39 530D Touring
in my company (not sure if its the same for everyone) you only get paid sick AFTER you've been there 6 months, so they should be within their rights to not pay you i woulda thought.
however it's at the company's discression if they want to pay you anyway (which they never do)
once youre established, if they turned round and told you you werent gonna get paid sick, id tell em to stick it up their arse, they have to pay you for genuine illness on days off (they can request a doctors note tho i think)
its one of the reasons why perm. employment is better than self employed/contracting... you're guaranteed pay if you're sick!
ask to see a copy of the companies rules+regs when you get back into work, this should scare em enuf into paying you (if you sit there for a few hurs reading them at work) if not, at least you'll know where you stand as itll be written in the rulebook.
as for emergency tax, WHY? you dont HAVE to be on emergency tax for xxx time!
however it's at the company's discression if they want to pay you anyway (which they never do)
once youre established, if they turned round and told you you werent gonna get paid sick, id tell em to stick it up their arse, they have to pay you for genuine illness on days off (they can request a doctors note tho i think)
its one of the reasons why perm. employment is better than self employed/contracting... you're guaranteed pay if you're sick!
ask to see a copy of the companies rules+regs when you get back into work, this should scare em enuf into paying you (if you sit there for a few hurs reading them at work) if not, at least you'll know where you stand as itll be written in the rulebook.
as for emergency tax, WHY? you dont HAVE to be on emergency tax for xxx time!
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From: Next to my frog...
I think for the first 7 days, you can just certify yourself. After than, the doctor will issue you with a sick note. BUT if your employer insists you need a sick note before the end of the 7 days, then you go to your surgery and they'll give you one... for about Ł10....
I guess as far as apy is concerned, it is up to each company? So if you got a contract, read it as it should mentioned somewhere how sickness is dealt with...
Hope you feel better soon hun...
I guess as far as apy is concerned, it is up to each company? So if you got a contract, read it as it should mentioned somewhere how sickness is dealt with...
Hope you feel better soon hun...
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From: Berkshire
Nath, here's an extract from our company's policy - I am pretty sure this is the minimum they can legally get away with, cos they don't have a habit of offering more than strictly necessary:
Certification of Sickness:
Upon return to work, you must complete a self-certification form for your first 7 calendar days of absence. For absences over 7 calendar days, or if specifically requested, a medical certificate must be provided. This must be provided on the 8th calendar day of absence, stating the reason for absence, and weekly thereafter until your return to work. Failure to comply with this will make you ineligible for company and statutory sick pay.
The Company is required to pay statutory sick pay for absence on account of sickness or injury where absence is continuous for 4 working days of more, provided you have complied with the statutory notification rules. For the purpose of calculating your entitlement to statutory sick pay, qualifying days are those days on which you are normally required to work.
If you are unable to work because of sickness or injury, the Company will supplement your Statutory Sick Pay to the level of your normal basic remuneration, based on the terms stated in your contract of employment.
Check these out too m8:
http://www.is4profit.com/busadvice/s...y_disagree.htm
http://www.is4profit.com/busadvice/s...er_schemes.htm
http://www.is4profit.com/busadvice/s...g_employer.htm
Probably the most useful:
http://www.is4profit.com/busadvice/s...ckpay_ends.htm
Good luck - may be time to get round to B&Q for some bricks m8.
Certification of Sickness:
Upon return to work, you must complete a self-certification form for your first 7 calendar days of absence. For absences over 7 calendar days, or if specifically requested, a medical certificate must be provided. This must be provided on the 8th calendar day of absence, stating the reason for absence, and weekly thereafter until your return to work. Failure to comply with this will make you ineligible for company and statutory sick pay.
The Company is required to pay statutory sick pay for absence on account of sickness or injury where absence is continuous for 4 working days of more, provided you have complied with the statutory notification rules. For the purpose of calculating your entitlement to statutory sick pay, qualifying days are those days on which you are normally required to work.
If you are unable to work because of sickness or injury, the Company will supplement your Statutory Sick Pay to the level of your normal basic remuneration, based on the terms stated in your contract of employment.
Check these out too m8:
http://www.is4profit.com/busadvice/s...y_disagree.htm
http://www.is4profit.com/busadvice/s...er_schemes.htm
http://www.is4profit.com/busadvice/s...g_employer.htm
Probably the most useful:
http://www.is4profit.com/busadvice/s...ckpay_ends.htm
Good luck - may be time to get round to B&Q for some bricks m8.
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#8
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From: Dudley
A company does not have to give you sick pay, however you will be able to claim ssp.
it all depends on your contract. If your contract states there is no sick pay then you dont get any. If its says you get sick pay then your entitled. Hwever as Jim says, alot of compnies dont offer it in the firs 3 or 6 months depending on how long your probation period is
it all depends on your contract. If your contract states there is no sick pay then you dont get any. If its says you get sick pay then your entitled. Hwever as Jim says, alot of compnies dont offer it in the firs 3 or 6 months depending on how long your probation period is
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From: Berkshire
#10
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Cheers guys
I've checked my contract and I do get paid sick pay and SSP kicks in after the 10th day and as for me been on emergency tax still after 4 months the lazy account he uses didnt apply for a tax code up until last week I didnt hand in a P45, but I did give them a P46. On the plus side I'llget the extra money back this month (if I get paid on time that is)
I've just sent them an email back saying I think you'll find I do get paid sick pay for up to 10 days (although I'd need a Docs cert after 7 days) and then SSP kick in after the 10th day. This is stated clearly in my contract. While were on the topic of legally binding contracts. It is also stated in my contract that I will get paid on the 26th of each month and any bonus's and commissions will be paid the following month
Maybe if you werent surfing the net for porn all the time and trying to rip the head of your fellow you might of noticed this?!? Did nobody tell you it'd affect your eyesight?
I think I might regret the last bit
I've checked my contract and I do get paid sick pay and SSP kicks in after the 10th day and as for me been on emergency tax still after 4 months the lazy account he uses didnt apply for a tax code up until last week I didnt hand in a P45, but I did give them a P46. On the plus side I'llget the extra money back this month (if I get paid on time that is)
I've just sent them an email back saying I think you'll find I do get paid sick pay for up to 10 days (although I'd need a Docs cert after 7 days) and then SSP kick in after the 10th day. This is stated clearly in my contract. While were on the topic of legally binding contracts. It is also stated in my contract that I will get paid on the 26th of each month and any bonus's and commissions will be paid the following month
Maybe if you werent surfing the net for porn all the time and trying to rip the head of your fellow you might of noticed this?!? Did nobody tell you it'd affect your eyesight?
I think I might regret the last bit
#12
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I know what you mean Greg
Oh and I've just spoke to them on the phone a short while ago and I've been given a verbal warning for the email I sent them ...followed by yes, you are indeed right about sick pay and your commission will be with you this month
Oh and I've just spoke to them on the phone a short while ago and I've been given a verbal warning for the email I sent them ...followed by yes, you are indeed right about sick pay and your commission will be with you this month
#13
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From: Berkshire
Verbal warning my a**e - means nothing - They will never be able to prove how many verbals you've had in a court of law (If it ever got that far). They'd have to write it down now and get you to witness and sign it, that automatically makes it a written warning !
Get out - soon as you can.
Get out - soon as you can.
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