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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45284
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben Jones ,I'm on a full time job in the hospitality

Customer Question

For Mr Ben Jones ,I'm on a full time job in the hospitality industry , I have been sick for two days ( 22nd and 23rd of March )and when I contacted my employer the second day (the 23rd ) to let him know I wasn't able to go back to work until the next Monday ( the 28th ) , he informed me with a txt message of two things ; first: I was pulled off the rota's and second: my shift for the following three weeks was changed and reduced to one shift of 5 hours the first week ( Monday 28tth to Friday 1st of April ) and to 10th hours the following three weeks (4th of April to the 9th, the 11th to the 16th and 18th to the 23rd ) , two shift of 5 hours a day each week. The following week I'm on holiday ( booked in February ). The changes have affected my SSP payment , can I complain ? Do I have the right to ask for a full refund of the missing days of sickness ? Do I need to let the SSP dispute team know about the situation ? I'm waiting your response to fill the form send to me by the SSP Dispute Team.
Thank you
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ben Jones replied 8 months ago.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 8 months ago.
Hello again, whether an employer can pull you off the rota depends on your contract. For example, if you were on a type of zero hours contract where you had no contracted hours of work, you would not be able to claim that you are guaranteed those hours. So the employer could consider changing your hours or rota if needed because you are not contractually guaranteed any minimum number of hours. Therefore, you can only really challenge this if you had a contract in place which specifically outlined your working hours as then it would mean you are guaranteed to work such hours. In the absence of such contractual certainty, your hours could potentially change.You are of course still entitled to challenge this and to complain to the employer if needed. You have the grievance procedure available to you to go down if you wanted to, it is a formal complaint which the employer has to investigate and deal with.You cannot automatically claim compensation for the sick days unfortunately and the dispute team may not be able to help if this was down to the hours you worked which is an issue you must resolve with the employer first. That is why the grievance procedure may be best pursued to start with.I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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, UK Lawyer
Category: Employment Law
Satisfied Customers: 45284
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 8 months ago.
Hi Mr Jones , I been working the same amount of hours for 18th months without a written contract ,but I have been paid for 42.5 hours all the time of my employment until the beginning of February , when my employer without notice as started to pay my wage for 40 hours a week . That is proved by my payment made every week, maybe that can be a good evidence of my shifts ?
Expert:  Ben Jones replied 8 months ago.
yes it an be, you can try and argue that these have become your contracted hours through 'custom and practice'

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