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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 11669
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can a company use occupational sick pay to stop you being payed

Customer Question

can a company use occupational sick pay to stop you being payed overtime for the hours you have worked when not on the sick
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.can you tell me how long you have been employed there please.
Customer: replied 2 years ago.
10 yrs
Expert:  Ben Jones replied 2 years 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.
Expert:  Ben Jones replied 2 years ago.
Sorry i meant to ask you how xactly are they using sick pay to stop you being paid, can you provide some more detail
Customer: replied 2 years ago.
over a 17 week period i had 9 weeks off after an operation. thay paid ops pay then i started back and i worked 55hrs a week for aweeks now thay will now pay for the overtime i have worked . 48hrs is my normal week
Expert:  Ben Jones replied 2 years ago.
Does your contract state you are entitled to be paid for overtime?
Customer: replied 2 years ago.
yes at the end of the 17 week period or on a sixth shift
Expert:  Ben Jones replied 2 years ago.
Thanks I am just trying to understand their reasoning behind this. Are they trying to claim that the 17 week period has restarted because you were on sick or that parts font would not count towards the total period because you were off sick?