I am in dispute with an employee regarding the payment of Company Sick Pay.

I stopped his Company Sickpay (Average hours worked last financial year whic is considerably more that Statutory Sick Pay) because his sick notes gave different reasons for his absence.

All his doctors’ report did was confirm what he had told me in a meeting with him after the first 4 weeks of his sickness.

It was reinstated, but my employee is wanting the Company Sick Pay (about £1600) for the 14 weeks that he only got Statutory Sick Pay.

I’ve told him that according to The Company Policies & Procedues on Sickness he is only entitled to 14 weeks (1 year for each years’ service) Company Sick Pay (He has now the recieved 14 weeks of Company Sick Pay. He’s been paid 14 weeks Company Sick Pay and 14 weeks Statutory Sick Pay)

He said that he wanted to check something at 11pm the night before his last meeting with me.

The trouble is there is nothing in his contract that states how Company Sick Pay is calculated. This is stated in the Company Policies and Procedures Book which is in our Staff Room. (It’s a book the size of a telephone directory!)

I’ve told him that it is available for him to look at between the hours of 6an and 9.30pm if he wants to look at it. (It would mean a 15 mile round trip for him) He has also signed a sheet to say that he knows that the book exists.

His arguement is the fact that the Company policy on Company Sick Pay was not know to him when he signed his contract, therefore they do dot apply to him! (I hope that make sense?)

The fact that he knows that there is a Company Policies and Procedures Book does not mean that he has read them. In his words, “I know that there are books about Harry Potter, but that does not mean that I have read them!”

He has threatend to take me to an Industrial Tribuneral.

What are the chances of him winning if he does?

Bruce
Bruce