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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi. My wife has been of sick with work related stress (her company hav

Resolved Question:

Hi. My wife has been of sick with work related stress (her company have accepted that it was work related). Two issues have arisen from this:
1) During her time off sick she has only been paid SSP, so has lost several £000's during this time.
2) She had 5 lieu days (leave accrued for working Bank Holidays) before going sick, and she has been told that she has lost these.

Does she have any grounds to claim reimbursement for the loss of earnings / value of the 5 lieu days?

Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has she worked there?

Ben Jones :

Also does her contract entitle her to anything above SSP?


Hi Ben


She's worked there about 13 years, and so far as I know she's not entitled to anything over SSP except for a few days full sick pay (which has been paid). The issue is that, as the sickness / stress was accepted as being caused by work is it right that she should lose money? The other issue is the loss of the lieu days.

Ben Jones :

Hi, it is unfortunately irrelevant whether her sickness absence was caused by work-related stress – all absences are treated equally and the employer is legally entitled to pay her just what she is entitled to under contract in terms of sick pay. So there is unfortunately no grounds to pursue the employer for any payments arising out of the pay she lost for going off sick.


In terms of the lieu days, her rights would be better. She needs to check why she has lost these and why it appears she is being penalised for going off sick. It is not usual for someone to lose lieu days just because that have gone off sick as that is completely unrelated to the time she has already worked and accrued. So these can potentially be pursued as an unlawful deduction of her wages if necessary.




Thanks for that information.


On the first point, had it been an accident that was work's fault, and they refused to pay her full earnings, she would have the option of suing her work, both for loss of earnings and for compensation for any injury. Would there be grounds for going along this road?

For the second point, clearly she has grounds for complaining - is there any sort of quote that would be usable to make her bosses sit up and listen rather than brushing it aside as they are doing at the moment?

Once again, thank you for your time

Ben Jones :

Point 1 - she can potentially pursue them but she has to show the employer was negligent and that this resulted in the injuries and the time off work. She really needs to see a personal injury solicitor for this as they will be able to advise on her merits.

Point 2 - she could say she is treating this as 'unlawful deduction of wages' and will consider taking this to the employment tribunal if necessary. In the end they could still ignore her and it does unfortunately mean she has to consider making a formal claim to pursue this


Ok, that's great ... at least we know the options now.

Thanks for your prompt and understanding responses.


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