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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47887
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am suspended from work on full pay and I also have been signed

Customer Question

I am suspended from work on full pay and I also have been signed off and the company are refusing to pay me because they say that I didn't give them the sick note in a timely manner
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.Firstly can you tell me how long you have been employed there please.
Customer: replied 1 year ago.

5 Years

Customer: replied 1 year ago.

5 years

Expert:  Ben Jones replied 1 year ago.
Is there a policy which requires you to submit evidence of sickness within a specified time period?
Customer: replied 1 year ago.

NO

Here is the policy section

The Executive shall notify the other Directors by 09.00 am on the first day of each absence from work unless it is not reasonably possible to do so and shall state the reason for and expected duration of his absence. The Executive is required to complete a self-certification form for the 4th, 5th and 6th days of absence but from the seventh day of absence onwards a certificate of disability by a registered medical practitioner is required.

b. If the Executive has complied with his above obligations with regard to absences from work the Company shall pay to the Executive sick pay as defined below throughout a period offour weekswhether or not continuous in any one period of 12 months during which he is prevented by illness or injury from discharging in full his duties under this agreement.


c. The amount of the Executive’s sick pay during the first four weeks of the period mentioned in clause 8b above, shall be the amount of his salary payable under clause 6 above less such sums and the executive is entitled to receive by way of statutory sick pay.


d. If the Executive has been paid the maximum sick pay entitlement in any period of 12 months he shall not be entitled to any sick pay in any other subsequent period until he has returned to work and completed 12 months continuous service with no absences from work other than agreed holidays.

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Customer: replied 1 year ago.

I have never claimed or been paid sick pay in the 5 years

Expert:  Ben Jones replied 1 year ago.
ok thank you for that information I will get back to you ASAP.
Expert:  Ben Jones replied 1 year ago.
The policy states that from the seventh day of absence onwards you are required to submit a doctor’s note to certify your absence. It does not specifically state that the certificate must be given in on that day but that it should cover the time off from the seventh day onwards so it is not that clear and open to challenge.
If the employer has therefore not paid you because they believe you did n follow this policy, which as mentioned is somewhat ambiguous anyway, then it could amount to a deduction of wages.
In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
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
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you I have more questions

I have raised a grievance about being harassed and discriminated due to a having had a heart attack.

They failed to follow the process and interviewed the harasser before interviewing me. Also the investigator failed to consider the injury to feelings. I am appealing but expect that to be the same as the orginal grievance - a sham grievance.

what are my options i.e

can I claim unfair dismissal/ constructive, I am going to resign.

also Harassment and discrimination

and a personal Injury case due to the injury caused by the systematic bullying.

Customer: replied 1 year ago.

I can deal with this tomorrow if it suits you best Ben

Expert:  Ben Jones replied 1 year ago.

Hello, it appears that this is a separate matter so could you please post it as a separate query for my attention and I will be happy to help you.