We have an employee on sick leave and want to cut her sick pay – can we do it?Posted in : First Tuesday Q&A ROI on 6 February 2018 Issues covered:
This is always a tricky one. In an ideal world the employee would either have an explicit contractual term or there will be a company policy in place regulating their entitlement to sick pay e.g. employees may be entitled to 4 weeks’ sick pay per year. Where such a clause exists, all things being equal, the employer may cut sick pay after that designated period. But invariably, that’s not the case and this is one of those classic grey areas that keeps employment lawyers in business.
Even if such a term exists the company may not have enforced it previously. Alternatively, the Company may have a more ambiguous sick pay clause which states that sick pay “is at the discretion of the
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