We have an employee who is grumbling that he is not happy at having been deducted a weeks pay for the time he was off sick.
On investigation, he indeed was deducted this weeks pay (actually unpaid for the first 3 days then SSP for the remaining 2 days).
This member of staff has had several bouts of sickness this year, all genuine in my opinion, but on all previous occassions has not been deducted any amount or been paid any SSP.
The question is really, were the company able to deduct this time round, having paid in full for all previous absences due to sickness?
The contract states:
“Without prejudice to the Statutory Sick Pay scheme, payment during periods of absence through sickness or injury is entirely at the discretion of the company. The Statutory Sick Pay scheme does not make any payment for the first 3 qualifying days off work.”
Would it become implied terms as full pay has always been paid to that particular employee before?
I would appreciate your comments.