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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44925
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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self employed working for oasis dental can they deduct 3 days

Customer Question

self employed working for oasis dental can they deduct 3 days illness from contracted time off ie hols 35 days
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Could you explain your situation further please?

JACUSTOMER-m2frt2jm- :

self employed with oasis dental I have a contract with them stating I shall have 35 days off ihad 3 days ill they are deducting this from my 35 days

Ben Jones :

OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

By the way does your contract say that they can deduct this time off?

JACUSTOMER-m2frt2jm- :

No. The only mention of sickness is that you can have time off and the company reclaim money from the Primary Care Trust.

Expert:  Ben Jones replied 2 years ago.
As someone who is self employed you will be governed by the terms of your contract that you have with the employer. So you need to check its terms to see what is says about the employer’s ability to make such deductions from your pay. The employer would be contractually obliged ti adhere to the terms of this agreement and if they go and operate outside of it and not in accordance with its terms then they could potentially be acting in breach of contract. So if they have withheld or deducted the sick days and that is not in accordance with the terms of the contract, it could amount to breach of contract on the employer’s part. Whilst a direct complaint can be made to the employer, if you have lost money as a result then it is also possible to make a claim for that in the small claims court under a breach of contract claim.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:


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