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Sick pay swindle

Question

I started a new job a month ago. Last week I was really ill and had to have four days off. My boss has told me I'm not entitled to sick pay because I'm still in my three month probationary period. Is this standard practice? If so can I claim statutory sick pay instead?

Answer

Technically, there is no such thing as a probationary period. However, it's important to know that during your first year of employment with a company you have very little protection from being dismissed.

Having said that, one of the things you are entitled to during your first year is sick pay. There are two types of sick pay: contractual sick pay; and statutory sick pay (SSP). SSP is the minimum laid down by law and contractual sick pay is what the company will pay over and above SSP. The arrangements for contractual sick pay should be laid down in the company's handbook; you should check this to find out what you're entitled to and when this entitlement kicks-in.

SSP isn't paid for the first three days you're off sick but is paid from day four and you're entitled to this, even in the first three months of employment with a company. As you can see, your boss is incorrect in his interpretation of the law. It might be helpful for you to read this factsheet about SSP and discuss the situation with your employer.

If you have any further problems getting the money you're entitled to you can call Acas for help and advice on 08457 47 47 47.


Question answered by CAB


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