Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Hi Jamie. Just before I look in to this, have you disputed the 12 days pay your employer has said they are willing to pay?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. If you are off sick from work then your entitlement to pay during the periods of absence will depend on your contract of employment, or in the absence of anything in there – on law. I understand that you were never issued with a statement of employment particulars, which the employer should have corrected, but even if they had issued you with one that does not mean in any way that they would have provided you with an entitlement to get anything more than SSP during periods of absence. It is entirely down to the employer to decide if they want to offer company sick pay and in the absence of such an entitlement the employee would not be able to claim company sick pay and will only be able to rely on SSP.
You are able to take some of the time off as holidays and be paid your normal rate for that period and if the employer wanted to they could decide to pay you full pay for a period they decide. You have to remember that without an explicit right to company sick pay it is down to the employer whether they pay you anything in addition to SSP. They may have decided to pay you for 12 days of absence but that does not mean they have to continue paying you anything after that and in the circumstances it does sadly mean that you will end up on SSP, unless you have more holidays you can take or the employer uses their discretion to continue paying you company sick pay.
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You have nothing to lose by asking them to pay you – they may be a ‘nice employer’ and agree to this, but that is entirely down to them. Also certainly push for the contract because they should have given you this within 2 months of starting and that is a legal requirement so you are entirely within your rights to push them for it. Hope this clarifies?
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