Contractual Sick Pay
In addition, an employee's employment contract may also provide that they will receive their normal salary when absent during illness (in which case there will be no need for payment of statutory sick pay) or they will receive their normal salary less the amount of statutory sick pay.
If contractual sick pay is not payable at all under the terms of the employee's contract, then the employee will only be entitled to statutory sick pay.
An employer can specify that employees have to qualify to receive contractual sick pay. This usually means an employee has to work for a certain minimum period before they become eligible to claim contractual sick pay. For example, some employers may require an employee to have worked for six months or more to be eligible.
Some company sickness policies state that the employer has a discretion whether to pay contractual sick pay or not - and instead pay statutory sick pay.
However, if challenged an employer would need to be able to show why contractual sick pay was not paid, where the employee is eligible according to the employer's criteria.
If an employee is eligible for contractual sick pay and the employer does not pay it, the employee may be able to bring a claim for breach of contract and/or claim for the unlawful deduction from wages by the employer.
Unlawful Deduction from Wages
A claim for unlawful deduction from wages can be brought in an employment tribunal but must be brought within three months of the last unlawful deduction made by the employer.
Breach of Employment Contract Claim
A breach of employment contract claim can also be brought within an employment tribunal, (if you are still employed by the same employer). Or, of you are no longer employed by the employer you can bring a civil claim in court. As this is a contractual claim, you will have six years from the date of the breach to bring a claim in the courts.
Statutory Sick Pay Current Rate & Calculation