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Fixed vs Permanent contract sick pay

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  • 15-09-2019 9:35am
    #1
    Dermwex
    Closed Accounts Posts: 27 ✭


    Hi all, please someone tell me I’m right and my hr is breaking a law.

    I am on a fixed term contract in work. I get and sign a new one every 12 months. I have read on my new one that I’m not entitled to sick pay because only permanent staff are entitled to it.

    Each of my fixed contracts had sick pay entitlement on it for me and now hr have now told me that sick pay on my contract was a clerical error and that it’s Joe Bloggs ltd’s policy that only permanent contract staff receive sick pay.

    Now I have asked a few people and they have said that 2 laws have been broken. The first law broken is that fixed term contract workers have all the same entitlements as permanent contract workers and that if permanent have sick pay then other contract workers do to regardless of type of contract. The second law broken is I’ve also been told that if sick pay was written into my previous contracts then they cannot remove it from my contract without my permission.

    Please someone help me. I’m just so confused and because of who my hr is I have absolutely no trust that the rules are been followed by this person and I don’t want to me taken advantage of.


Comments

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    #2
    Dav010
    Registered Users Posts: 14,570 ✭✭✭✭Dav010


    First thing is, FTCs do not give you all the rights a permanent/contract of indefinite duration gives you. They are broadly similar though.

    Secondly, this is very important, entitlement to sick pay is not a right. There is no statutory entitlement to it, in fact most companies do not pay it, so, it is in essence a benefit given to you by your employer if they pay it.

    Thirdly, you need to research FTCs. There are some very subtle, but important features. If your contract says the Unfair Dismissals Act does not apply at the end of hour contract, and the sum of your FTCs is less that 4 years in duration, your employer can let you go at the end of your contract. It may also allow them to change the terms of the contract they offer you, without negotiating with you.

    So, rather than rely on your friends view, which may be wrong, or the viewpoint of those on here, which also may be wrong (many posters will have an agenda which makes for biased opinion), contact an independent HR company for advice, there are many, google is your friend, it will be inexpensive, one off, correct advice.


  • Options
    #3
    Dermwex
    Closed Accounts Posts: 27 ✭Dermwex


    Dav010 wrote: »
    First thing is, FTCs do not give you all the rights a permanent/contract of indefinite duration gives you. They are broadly similar though.

    Secondly, this is very important, entitlement to sick pay is not a right. There is no statutory entitlement to it, in fact most companies do not pay it, so, it is in essence a benefit given to you by your employer if they pay it.

    Thirdly, you need to research FTCs. There are some very subtle, but important features. If your contract says the Unfair Dismissals Act does not apply at the end of hour contract, and the sum of your FTCs is less that 4 years in duration, your employer can let you go at the end of your contract. It may also allow them to change the terms of the contract they offer you, without negotiating with you.

    So, rather than rely on your friends view, which may be wrong, or the viewpoint of those on here, which also may be wrong (many posters will have an agenda which makes for biased opinion), contact an independent HR company for advice, there are many, google is your friend, it will be inexpensive, one off, correct advice.


    Thanks for that reply I really do appreciate it. Yes I know sick pay is not an entitlement and it’s up to each company if they do it but i was told that if my company didn’t do sick pay then obviously I can’t go looking or asking for it for my contract but if it is a part of the company and all permanent contract holders have it then fixed term are supposed to have it too. I will obviously contact Wrc or Hr company to get a definitive answer on that.

    Your third point about unfair dismissal act does worry me. I am frantically trying to find my last contract to see. If that is the case and it’s on it then my hr has done nothing wrong really then. She is allowed to change what she likes on my contract. It just feels so unfair. Having sick pay that I hadn’t even used in 3 years to be taken away. It may have been a clerical error but it wasn’t my error. This is bigger and more intellectual than I am. She confuses me words that every time I walk out of hr’s office I end up with more questions and generally worse off than when I walked in. 3 years in a row I have an issue with her over something in the contract. I lose every time. I have genuine mistrust and hate for her too which probably does me no favours.


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