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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47904
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been diagnosed with work related stress and advised

Resolved Question:

I have been diagnosed with work related stress and advised to take time off by my doctor.
I am never off ill.
Company policy is no sick pay, just state benefit.
I have been with the Company for over 20 years but I broke service in 2001 and returned in 2003. I have never received a new contract since then and the contract the Company has on file is dated 1996 which clearly states that I will receive full pay for three months when ill
how do I stand
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When you rejoined was there any discussion that you would go back on your old contract?
Customer:

Hi Ben, never any discussion at all, I asked for my most up to date contract six months ago and was given this contract which they said was the only contract they had on file

Customer:

I think they have forgotten that I broke service, however, they insisted that this is my contract

Ben Jones :

Whilst the employer may have the old contract on file, it does not necessarily mean that it is the contract which applies to your employment. You did work under that contract to start with but then ended your employment with them, so that contract would have officially come to an end. If you re-joined a couple of years later, then you cannot automatically assume that you were re-employed on the same contract and that would only be the case if it was both your and the employer’s intention for that to happen. If there were no discussions at all and no indication that the old contract would apply, then you would have been employed on an implied contract, the terms of which would have been determined based on what the employment relationship was over time, what the employer did and what you agreed to do. However, in terms of sick pay, as you never received any and the employer never had to make any payments, you cannot expect full pay if there is no contract allowing for that . Remember that the old contract still likely refers to the old employment, not the new one and they have just kept it on file, but it does not mean it was the contract which the employer had intended to apply when you were re-employed.

Customer:

Sorry, you have maybe misunderstood me. I have never been off sick so I have never claimed sickness benefit. I have asked the company for my most up to date contract which they have given me which states that I am entitled to sick pay. I have asked them again to check that this is my most up to date contract, which they have said it is.

Ben Jones :

ok thanks, ***** ***** the company believes that this is the most up to date contract for you and it states that you are contractually entitled to full pay for 3 months then you can indeed claim that this is what you should receive if you now go off on sick leave - your contract determines your rights, so even if that is the contract from your old employment with them, if they still claim that it is the contract you are employed under, then its terms would still apply

Customer:

I have assumed nothing, however, if I have asked for a copy of my current contract, which they have given me stating that , that is my contract then surely I have a case here.I thought it was now law that a contract must be given on employment

Ben Jones :

a written tatement of employment particulars (not quite a contract but a statement which contains the main terms) must be issued within 2 month of you starting a job

Customer:

Thanks Ben, I probably and most likely wont take sick leave as that is not my ilk, however, I just wanted to know that if I had to, how I stood

Ben Jones :

yes it is your current contract that dictates your rights, you may not have been given it at the start of your employment but if that is what the employer has said applies now and you are happy with it then you can rely on its terms

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Thank you

Ben Jones :

you are welcome, all the best

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