# Pay Docked due to Sick Days



## AndyV (Dec 6, 2011)

Hi All, need some advice on diabetes in the work place. My employer has decided that he will not pay sick pay to staff who take over 10 days sick per year. This full year I have taken 14 days - 7 relating to type 1 diabetes and 7 due to general sickness. As a result I have been docked 4 days pay. I have since be told that my employer has now rescinded the idea of docking pay over 10 days. Given my normal sick days fall in line with the UK average of 6 it looks like I'm being discriminated against for the additional days due to diabetes. 

I'm trying to understand exactly where a diabetic stands in this situation. Any advice greatly appreciated!


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## margie (Dec 6, 2011)

Have a look at this link - its should help you work out what applies to your circumstances:

http://www.adviceguide.org.uk/index/your_money/employment/off_work_because_of_sickness.htm

Remember that diabetes classes as a disability even if you youself don't see it that way.


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## ypauly (Dec 6, 2011)

AndyV said:


> Hi All, need some advice on diabetes in the work place. My employer has decided that he will not pay sick pay to staff who take over 10 days sick per year. This full year I have taken 14 days - 7 relating to type 1 diabetes and 7 due to general sickness. As a result I have been docked 4 days pay. I have since be told that my employer has now rescinded the idea of docking pay over 10 days. Given my normal sick days fall in line with the UK average of 6 it looks like I'm being discriminated against for the additional days due to diabetes.
> 
> I'm trying to understand exactly where a diabetic stands in this situation. Any advice greatly appreciated!



I would imagine you would have show some kind of link between your employer changing the rules and your condition. Any reason to believe the rule change was aimed at yourself?


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## Caroline (Dec 6, 2011)

I am not sure exactly how it stands with everyone, but I do know of some firms who do not pay anything if you are sick and only a limited ammount of holiday


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## Copepod (Dec 6, 2011)

Guess it all depends on when rules were announced and when they became active. Really, a question for an employment law / human resources expert or trade union rep, if you're a member.


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## PhilT (Dec 6, 2011)

Legally I would think that only sick days taken after the introduction of the 10 day rule would count towards the 10 days allowed under the new rule, as you cannot count historically accrued sick days as they were before the introduction of the rule and thus shouldn't be counted.


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## Ellie Jones (Dec 6, 2011)

You will find that your employer isn't doing anything wrong...

The only legal obligation s/he has it the payments of SSP which doesn't take into consideration to what medical condition making you unfit for work..  You either fit for work or you'll not and it doesn't kick in until after you've been off 3 days..

Under the DDA or what ever it's called now,  Your employer has to make reasonable allowances to your work duties and make reasonable adjustment to either work environment/work duties and/or shift patterns working hours to accommodate your medical condition or disability..

They have to allow you time of work to attend medical appointments but it is totally at their discretion whether you have to take annual leave or unpaid leave to attend said appointment..

If your employer offers a company based Sick Pay Scheme, then apart from been very lucky (rare now a days in the private sector) how the Scheme is administered is totally up to the company discretion..

And I've never come across any company Sick Scheme that pays out for a sick day, then discounts it from the Scheme's qualifying rules of payment..


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## imtrying (Dec 6, 2011)

Ellie Jones said:


> You will find that your employer isn't doing anything wrong...
> 
> The only legal obligation s/he has it the payments of SSP which doesn't take into consideration to what medical condition making you unfit for work..  You either fit for work or you'll not and it doesn't kick in until after you've been off 3 days..
> 
> ...



well said Ellie.

I totally agree with Ellie. Legally they don't have to pay you sick pay for anything other than SSP. I do think there may be something in what Phil has said about it not counting for sick days that have already happened but you might be clutching at straws there. 

DDA is now covered under the umbrella act - The Equality Act 2010. 

They have to make reasonable adjustments for you and allow you to have time off, but they don't have to pay you for sickness just because you're diabetic.


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## Dizzydi (Dec 6, 2011)

AndyV said:


> Hi All, need some advice on diabetes in the work place. My employer has decided that he will not pay sick pay to staff who take over 10 days sick per year. This full year I have taken 14 days - 7 relating to type 1 diabetes and 7 due to general sickness. As a result I have been docked 4 days pay. I have since be told that my employer has now rescinded the idea of docking pay over 10 days. Given my normal sick days fall in line with the UK average of 6 it looks like I'm being discriminated against for the additional days due to diabetes.
> 
> I'm trying to understand exactly where a diabetic stands in this situation. Any advice greatly appreciated!



You need to look at your contract/terms of employment / employee hand book. What does it state in there re sick pay? If they have changed it did you get a change of contract notification? 

I would go back to your employer and ask them for further clarification on there sick day rules and pay and if in deed they have changed it. Once armed with this info you will have a better understand as to if they have done anything wrong.

As stated below '
Legally they don't have to pay you sick pay for anything other than SSP'
But check out your contract

Also something to bear in mind is what have they paid in the past ? have you received full pay for sick more than 10 days ? If you have then you can argue that they have done this before, yet now they have deducted pay.

Hope this helps


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## Robster65 (Dec 6, 2011)

Hi Andy. I remembered that you posted a similar query regarding your employer contacting your GP.

http://www.diabetessupport.co.uk/boards/showthread.php?t=23116

Did you remployer do this and what was the outcome ?

And do you think that the 7 days due to type 1 is reasonable or is it due to bad control on your part ?

It could make a big difference to how your grievance is perceived.

Rob


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