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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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I am employed on annual hours at a gardening nursery. My hours

Resolved Question:

I am employed on annual hours at a gardening nursery. My hours of work are calculated on an annual basis. I took three days off sick earlier this year and I have now been told to make up these hours. Is this legal.
Miss G Dowling via my partners I-pad
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill : Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
Customer: Since 1996. Sorry no instant reply, had to go to docs.
Customer: will be available between 11am an 2pm tomorrow.
taratill :

Ok no problem, will 'chat' to you then.

Customer: I'm awaiting your reply.
taratill :

Hi have you or anyone else ever been asked to make up time off sick before?

Customer: can't give a rating yet as no question answered.
taratill :

Hi I know I haven't answered yet. Can you see the other question? Have you or anyone else been make to make up time off sick before?

Customer: It is a normal thing for time to be made up. I even had to make time up a couple of years ago when I was off on doctors note with chickenpox. Not bothered about that now it's just my original question. Can they make me make time up for casual illness. This was first sickness time off for many years.
taratill :

Were you paid for the time off?

Customer: Yes because my hours are paid yearly. Wages are paid monthly at same rate each month
taratill :

Ok it is not a normal situation in that most employers do not pay when off sick in these circumstances therefore the employer would not require the time to be 'made up'. If the contract does not state that you will be paid in full for time off sick then, contractually your employer can try to take steps to recoup the overpayment potentially either by deducting the money or by asking you to make the time up. If they are days that you are entitled to take SSP for (i.e. days above the 3 waiting days) then I cannot see how the employer can legally ask you to make the time up as they would, in effect, be profiting from your sickness (because as a small employer they can recoup the SSP from the state).

taratill :

I can understand why this seems unfair and you can raise a grievance about it. The employer may just say that they will deduct the days pay from your salary though, and this would be legal in the event that the contract does not specifically entitle you to sick pay.

taratill :

If you have any further questions about this please do ask.

taratill :

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. Looks like I'll have to grin and bear it. Many thanks for your help
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