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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47335
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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There, I have worked recruitment consultants

Resolved Question:

Hi there, I have worked for a recruitment consultants for nearly two years, (two years next month) as the Office Manager. I have never been issued an employment contract despite asking for one on numerous occasssions. Last week, I was signed off by my doctor with a urine infection and am currently undergoing further medical examinations as I have started to have unexplained seizures. Despite this, I still worked from home every day as I have remote access. I am the only admin support person in the office and they rely on me to do all of the invoicing. Because of this over the past two years I have never been able to take annual leave without being expected to log in and work. I am on annual leave this week and still feeling very unwell. They are putting huge pressure on me to work which at present I have refused to do. I am now worried they will try and not pay me this month, my salary is due to be paid in this Friday. What are my legal rights? Many thanks, ***** ***** Andrea
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Is there a general policy on sick pay in the workplace?

Customer: replied 1 year ago.

Hi Ben,

They do normally pay people when off sick, but it could be statutory. I think some of the contracts state its at discresion of the employer. Obviously I dont have a contract. However, in your opinion should I still get paid for the rest of the month. I did work from home the whole time I was off sick and this week I am on annual leave.

Expert:  Ben Jones replied 1 year ago.
Hi there, the starting point is that an employer has a legal duty to issue you with a written statement of employment particulars. This is not a contact but its contents are quite similar to a contract. More details here:
https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars
If you were signed off sick then generally you would not be deemed fit for work and your absence from work would amount to sickness absence. You would then be treated as someone on sick leave and be paid in accordance with any sickness policy in place. If you have no contract and there was no right to sick pay discussed, then you will most likely be on SSP. If you were to continue working from home instead and this was agreed with the employer then you should continue to be paid during that time as you are still undertaking work, you are not on sick leave and unavailable. If you were on annual leave for part of this time then you should be paid your normal holiday pay for that period, they cannot refuse to pay you for annual leave.
So by the looks of it you should be paid for the time you have been off – either normal pay if you continued to work from home at the employer’s request, SSP for any other time or normal pay for your holidays. If they do not pay you then it could amount to unlawful deduction of wages for which you can make a claim in the employment tribunal.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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