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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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can i claim for loss of overtime due to 4 months absence from

Resolved Question:

can i claim for loss of overtime due to 4 months absence from work due to being diagnosed with cancer
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. Was this overtime that you would have worked had you not been off sick, or have you been refused overtime as a result of your illness?

Customer:

It is overtime i would have worked if i had not been off sick

taratill :

Is the overtime contractual or offered on an ad hoc basis and what does your contract say about sick pay, were you on full sick pay for the period that you were off work?

Customer:

The overtime is contractual, i was on full sick pay for the time that i was off sick, but i lost about £500 per month.

taratill :

Is a payment normally made for overtime to people who are off sick for other reasons?

Customer:

No

taratill :

Ok, as a person with cancer you are disabled for employment law purposes and the law states that you should not be subjected to a detriment as a result of your disability. This means that you should be treated in the same way as other non -disabled employees in these circumstances. If a payment for overtime is not normally made when a person is off sick then you are not being discriminated against if you are not paid overtime when you are paid sick pay. You can, of course, raise a grievance that it would amount to a reasonable adjustment to be paid the overtime but I'm afraid that case law in the past has supported the employer in that you do not have to be paid more, in these circumstances, than other employees who are off sick for other reasons.

taratill :

I am sorry that this is not the answer you were hoping for.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. thank you and all the best.

Customer:

Ok, thank you

taratill :

No problem, and all the best for the future.

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