Probabtionary Period and Sick Pay

[SwingsitlikeHogan]

Anyone able to advise of employment law and what course to take.

My lad started his first job last August - was told he had a three month probationary period. Come January he'd not heard whether he'd 'passed' his probationary - in fact no mention of it had been made to him and he'd not had any form of performance review. Three weeks ago he had his first performance review - I don't know how it went but he tells me that no mention was made of the probationary period. Late Feb he had to take three days off sick - and he was docked pay for these three days.

Where does he stand? As in the first three months he heard nothing about any reason for his initial probationary period being extended does that mean that he is deemed to have 'passed' And if he has passed his probationary period does that mean that he should not have been docked pay?

 

[woody69]

All depends what his contract says. He may not be entitled to sick pay.

 

[masterosouffle]

Does the company offer paid sickness benefit? If so is there a qualifying period (could be a couple of months to a couple of years)
Also most companies that offer sick pay don't pay for the first three days, after which sick pay or SSP would be paid.
Either way, it wiuld be unlikely to have any connection to any probation period.

 

[GreiginFife]

The right to company sick pay should be documented in his contract of employment. As should the terms of probation. In many organisations it would be deemed a pass automatically if the confirmation of pass or extend was not held. Some, not all.
He (you) should refer to the CoE for his terms and conditions. I wouldnt assume that even with a probationary pass that company sick pay is a right as it is not a legal requirement. Statutory sick pay on the other hand, is - funnily enough, but can have a claims process attached.

 

[MegaSteve]

All depends what his contract says. He may not be entitled to sick pay.

This....

With regard probationary period as everything has to be in writing these days unless he has a letter to tell him otherwise it should be safe to assume he is past his probationary period if it was for 90 days...

 

[SwingsitlikeHogan]

Thanks all - may be just a hard lesson he has to learn - of course he is skint and having to come to Bank of MaD. And maybe I've been lucky having only worked for companies who offer paid sick leave at full pay from the word go.

Anyway - he was going to speak with his HR this afternoon so we'll see.

 

[Val]

Lots may depend on the nature of his employment and as an example my Mrs and son both work for the same company, she is admin staff and he is a joiner. If either go sick, she will receive full pay up until she has had the maximum allowed (unsure maybe 26 weeks full pay) and he will receive nothing (if off for a day with a bug or so) or SSP if he has a doctors line for illness.

No hard fast rules I suppose and general all depends on the CoE.

 

[MegaSteve]

And maybe I've been lucky having only worked for companies who offer paid sick leave at full pay from the word go.

Believe these 'niceties' are fast disappearing with the support of DaveCam and his cronies...

 

[SwingsitlikeHogan]

I need to find out what his CoE say about his probationary period and if that is linked to any sick pay entitlement. If it says that after completing his probationary period he will be paid (in full or in part) for any days off sick then I think he has a case as they seem to have extended his probationary period without giving him any written notification and reasons why.

 

[CMAC]

keep us appraised. Remember his letter of offer might have all the info required if he doesnt have an additional Contract.

 

[SwingsitlikeHogan]

Will do. He tells me that one of his ex-colleagues left as they were always just extending his probationary period - he doesn't know if his ex-colleague was given valid reasons for the extensions - nonetheless he left as he was fed up over it.

 

[moogie]

Everywhere is different, obviously.
But once worked for a company where you lost your 1st 3days.
This was to stop the rising short term sickies

 

[SVB]

Will do. He tells me that one of his ex-colleagues left as they were always just extending his probationary period - he doesn't know if his ex-colleague was given valid reasons for the extensions - nonetheless he left as he was fed up over it.

Not sure that would up if challenged legally. If his offer stated 90 days and he has worked past that with no further comms from company and they have continued paying him I would be surprised for any court to disagree that the actions of the company had meant his probationary period had ceased.

Re sick pay, it will be down to CoE as has been said.

If is gets tough check your house ins (star age I know) as many policies include some sort of legal cover although exclusions vary for what they cover (or his policy of course if his not lives away and hopefully has some sort of cover).

S

 

[6inchcup]

Thanks all - may be just a hard lesson he has to learn - of course he is skint and having to come to Bank of MaD. And maybe I've been lucky having only worked for companies who offer paid sick leave at full pay from the word go.

Anyway - he was going to speak with his HR this afternoon so we'll see.

dont get a penny for the first 3 days unless you work for public services then sky's the limit,i worked for same company for 20+ years been on SSP for 6 months big drop from £600+ a week,oh to be paid by the tax payer.

 

[SocketRocket]

Believe these 'niceties' are fast disappearing with the support of DaveCam and his cronies...

It's aways been the same, nothing to do with the current Government.

 

[Crazyface]

It's aways been the same, nothing to do with the current Government.

True. It's funny how people are quick to blame the incumbent government for any of their problems.

I'm on one of those no pay for first three days contacts. Luckily, I've only been off twice in 10 years, but I struggle in when full of cold and it's horrible to have to do it.

 

[SwingsitlikeHogan]

As it happens I had a day off sick couple of weeks back. On return to work I had a return to work interview with my line manager. So even although we are fully paid for sick days the company keeps close track of what's going on with us.

 

[Beezerk]

Believe these 'niceties' are fast disappearing with the support of DaveCam and his cronies...

And people taking the urine out of the system, spoiling it for those who don't tend to take time off sick!

 

[Fish]

As an ex-employer I was always reading up and keeping ahead of employment law as much as I could because unfortunately for small businesses it can be a killer and very costly if you get someone on board and wants to play it as much as thye can.

As for his probational period, I always offered a maximum 12 week period, mainly because after that you have to (or did I've not read it lately) offer a contract of employment at 13 weeks, during those 12 weeks they did not have any full-time credits regarding sickness, holidays etc. I always, or used my discretion at times, stopped the first 3-days sick and then it became SSP, this did stop the "Monday I've had a tough w'end I'm staying in bed" culture as the loss of wages hit were it should!

I can't see anything in your OP that suggests he has a contract of employment of any kind, if that is the case, then that's not right and needs challenging, but be careful, until he surpasses 12mths of this employment, e has very little of nothing to back himself up as employers can get rid of anyone up until that time with little or no backlash, so no bull in a china shop routine, softly softly and request a COE first and foremost, IMO.

 

[SwingsitlikeHogan]

... but be careful, until he surpasses 12mths of this employment, e has very little of nothing to back himself up as employers can get rid of anyone up until that time with little or no backlash, so no bull in a china shop routine, softly softly and request a COE first and foremost, IMO.

I've advised him that he should do this - be curious and non-confrontational. Approach HR along grounds of 'I don't understand - can you explain please...' etc

Let's see