Unfair Employer?

hannahmum

Hi,

I work for a family owned business. One of the owners kids (25 yrs old) works in my department. Another is the General Manager. As Financial Controller, I would be considered part of the senior management team.

Until recently, I was paid for all sick days, as are all managers. But recently, my employer chose to stop paying me. I went on maternity leave last year (I didnt take full entitlement), and since I have come back I feel increasingly 'in the bad books' for no particular reason.

The daughter who works for me, was supposed to cover for me while I was on 4 months leave. She 'couldnt cope' despite months of training, training manuals etc. So when I came back I had a backlog of work to catch up on. I have sucessfully done this, without any acknowledgement, or thanks, or extra pay despite working my backside off to catch up.

A year after having my baby, 8 months after returning to work, I was diagnosed post natal depression. I took 3 weeks off work (doctor certified). I offered to take this as unpaid and just claim from social welfare- as I was unsure how long I would be out and I didnt want to feel under pressure to come back if I was being paid.

I have been back at work over two months. A couple of weeks ago, I had the flu and was out 5 days. I was not paid for this. The following week, the daughter was out for 6 days in total- also with the flu. She WAS paid. Also, the other daughter (the manager) was off sick for 2 weeks 'run down', and she was also paid her sick days.

Is this allowed? They appear to have changed the terms of my 'contract' (nothing formal about sick days in my contract- but I am with the company over 3 years and they have always been paid). Is it fair for me to NOT get paid- yet other employees- one senior manager, the other junior position to me- do get paid?

To be honest I am so disillusioned with my bosses behaviour since I had my baby, I want to leave anyway. But I wondered would I have a case for constructive dismissal?

Stheno

Employers afaik are not obliged to pay sick leave, so if there is nothing in your contract stating that they will pay you sick leave, then they may well be allowed to stop paying sick pay.

Not sure how the fact that you have previously been paid for sick leave influences that, but given the lack of obligation to pay it may be immaterial.

On the other hand, have you asked why you were not paid for the days you were off sick?

Is it possible it's a mistake on your employer's part?

hannahmum

Hi,

No it definitely wasnt an oversight. Basically, depending on the mood they are in, they make a decision to pay or not to pay when someone is out sick. Senior Managers (ie me) have always been paid. But this time they particularly told the payroll clerk not to pay me. I know well that this because I am in the bad books. I am not sure why I am- but as I said since coming back from maternity leave I feel that they would love me to leave. Maybe its because I had 3 weeks off in July unpaid? I dont know really. But I would have thought that they set a precedent by paying me for sick days up till now- and also paying their family members at the same time?

Stheno

hannahmum wrote: »

A year after having my baby, 8 months after returning to work, I was diagnosed post natal depression. I took 3 weeks off work (doctor certified). I offered to take this as unpaid and just claim from social welfare- as I was unsure how long I would be out and I didnt want to feel under pressure to come back if I was being paid.

Hmm ok, as regards the five days you took recently I wonder have they now interpreted your taking the three weeks above unpaid as a precedent?

Have you talked to your employers about your not being paid?

Shelflife

The payment of sick days is at the owners discretion, but if there is a procedure in place then that should be adhered to.

I think that you should have an informal chat with the owner and just get it out in the open what the sick pay criteria is.

Sounds like you're in a horrible situation. However, sick pay of any kind is completely at your employers discretion, unless your contract has specifically stated that you will be paid for sick leave they are under no obligation. Definitely talk to them to see was it just overlooked though.

You could still do them for constructive dismissal if they are treating you badly. Start by keeping a diary of anything that you consider to be 'bullying' etc, and speak to a solicitor.


Best of luck.