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Witholding sick pay?

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Billysmummi | 16:07 Mon 23rd Jun 2008 | Law
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My mum has recently been off work for around 3 weeks-month, she was ill with flu like symptons and was in bed for 3 days - then went too work on the friday - she worked 4 of her 6 hours and was then sent home as she fainted- she went to the doctors from work and was signed off, for 2 weeks as she had chest infection and suspected viral meningites.
She was extremly ill and was in bed for most of this time - she is still very unwell so has been signed off for another 2 weeks (one of these weeks is her holiday week - so she had to get certificate to cover it or her employer - sainsburys wouldnt allow her to be off!) anyway she got her wage slip on friday and saw she had been short timed 26 hours -which we assume is the 2 weeks and 2hours she was off sick (so should have had ssp) she called sainsburys today and the personnel manager said that the store manager has witheld her pay! is there any reason he would do this and can she appeal it? As you can imagine she is stressed about this as like us all she has bills to pay and without her pay this isn't going to happen! Thanks in advance guys.
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It will be occupational sick pay (OSP). I understand this is paid at the employer's discretion. Normally it is paid but most employers will have something in the terms and conditions which allows them to withhold OSP at their discretion even if the absence is genuine. Your mum needs to ask the union or look at her terms and conditions, but it's likely that Sainsburys as a big employer knows what it's doing in these cases.
But the minimum an employer has to pay is the equivalent of SSP even in an OSP scheme. Are you sure she hasnt just been paid the SSP equivalent? Its very little and may look like she hasnt been paid at all.
What does it say in her contract? Is she entitled to anything other than SSP?

There should be a separate section that details the SSP amount, if not then they're acting illegally. She can self certify for the first 7 days and after that she has to get a docs note, but seeing as she's done that then there's no reason why they shouldn't have paid her.
How many hours per work does your mum work?

If she earns less that �90 pw before tax and NI she is not entitled to Statutory Sick Pay.

You seem to be indicating that she works 12 hours per week - if this is at �7 per hour she would be below the �90 and not entitled to it.

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