Company Sick pay / Statutory Sick Pay


Hello, I have received email to this effect from my company’s payroll. I have removed key numbers.

I am being sent an invoice for being sick. I feel that I am discriminated for being sick.

  1. Should I use my annual leave for days at medical appointments / operations / recovery – I feel I should be booking such things to sick days ?
  2. Is it right for the company ask me to offset my remaining annual leave to pay for money that I owe them ? The manager that is looking into the case, says that this could be the worst case scenario but she is hoping to get a better deal.
  3. Does the situation look like discrimination and do I have any legal rights?

The email:

Just to let you know you are over your sick day paid sick and you owe <company name> <x> days for Nov and Dec. I have put your / Statutory Sick Pay on that you are owed which = £88.45

But the <x> days you owe <company name> is £<y>

hi emy,
I’m no expert on this, but having a cancer diagnosis does mean we come under the disabilty discrimination act. Probably an idea to get advice, I think Macmillan / Citizens Advice Bureau may be able to help.
ann x

Disability act or not, it does depend on you company’s absence and sick pay policy. If the policy clearly Tate the number of days paid sick leave your entitled to then they are within their rights not to pay you.

A lot of companies only pay statutory sick pay which means you have to be off a minimum of 4 consecutive days before you get paid (and the first 3 ‘waiting days’ are unpaid).

With regards to holiday again it depends what the policy says. You have to be given the statutory number of annual holidays under the working time regulations. If you are reaching the end of the holiday year and you are have exhausted the company’s enhanced sick pay then it makes you financially better off to use holiday - however that then messes up the statutory waiting days.

You need to check the holiday policy to see if they allow you to carry holiday over into the next holiday year. Also check that your contract says that they can make deductions from your pay if they have overpaid you. If they insist on you using holiday they have to give you advanced notice that they are going to do this, equal to double the amount of holiday you have to use - i.e. If you are taking a week’s holiday they have to give you two weeks notice that this is what they are doing.

So a lot of it comes down to policy. But also previous protocol - if they used their discretion to pay someone with a broken leg for example then it is discrimination if they don’t do the same for you.

Sorry for the waffle! You’ve probably already found your answers with cab or Macmillan!

I hope you find a suitable solution, you really don’t need financial stress on top of this ghastly illness xx

What a heartless message. I would echo all that’s been said below. Macmillan and CAB should be able to help. I am able to use annual leave to support a phased return but wasn’t allowed to use leave when signed off. You may be eligible for ESA (employment support allowance). My employers told me that when statutory sick pay runs out, I would have to apply for ESA myself. Luckily I will be back before I need to. I hope you do get the support you need. It sounds like your manager is supportive x