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Sick Pay Entitlement Being Withdrawn - Is it allowed?
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Sick Pay Entitlement Being Withdrawn - Is it allowed?

My Wife works in a pre-school playgroup and her current contract of employment states that she is entitled to 5 sessions sick pay per term.
A session being, morning or afternoon, so taking a day of sick would count as 2 sessions etc ....
Today, the chairperson of the committee has said from next week that all sick leave is being withdrawn and you would then only be given state SSP.
Are they allowed to withdraw this sick pay entitlement without your agreement? Look forward to your helpful answers.
Additional Details
Yes exactly, I appreciate Sick Pay is a perk, but it clearly states in her contract that she will be paid for 5 sessions per term, now they want to take it away. I also don't personally think they're allowed to withdraw and was after some confirmation, thanks.


    




Mike C
Rating
Is all sick being taken away for everyone or is it just your wife because she has over taken contractual entitlement?

If it is for everyone it is their contractual entitlement and they can not just take it away.

Effectively what they have done is to unilaterally vary her terms and conditions. Sometimes there is a clause in the contract allowing employers to vary contracts but it normally only done after consulting with staff members and getting their agreement. Sometimes a one off payment is made to gain agreement.

From your info supplied it is a breach of contract. She needs to write to them and state that she does not agree to this happening. If she does not do this it can be taken as agreeing to the terms after a 4 week period. Then she needs to put in a grievance.

Also check out her rights as a part-timer. Have they done this with all full-timers?



Cornish Granny
Rating
Yes they can. When I owned business's I never paid sick pay (couldn't afford it). I have also worked in companies where I was not paid either. I'm afraid its down to todays economic climate.
No work
No pay.


Flicka
Rating
Firms only have to pay the government SSP which is laid down by the government. If they decide to give you full pay then that´s up to them. However does it state in your wife´s contract how many sick days she is entitled to or does it just mention SSP days. If it does state number of sick days then I don´t think they can just change the terms of the contract without giving notice.


Elaine W skittles
dont count on anything u have no rights these days its a joke!!!!!


xKai Kai's mommyx
Not from what i am aware. If she has signed a contract stating her sick pay then that can not be altered without an agreement. A contract can't be changed without your permission but a Job description can be altered.

Is your wife with a union? if so advise her to contact them if not maybe call your local citizens advice and they will know where your wife stands..

Good Luck..x





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