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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We pay full company sick pay for all staff even zero hour

Resolved Question:

Hi we pay full company sick pay for all staff even zero hour staff.Do we need to continue to pay company sick pay for zero hour staff? We have been paying this for a few years.Can we differentiate ie pay contracted hour staff company sick pay but not zero hour staff?We also want to reduce company sick pay to 2 weeks instead of 4 weeks can we do this ? It's in the contracts of employment that ut is 4 weeks.My thinking was all staff with less than 2 years service we would change to 2 weeks company sick pay sbd issue a new contract . Is there a risk here? Is there a way we can change those staff with over 2 years service ?Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 1 year ago.
Great glad you can help
Expert:  Ben Jones replied 1 year ago.

Please can you tell me how many years exactly you have been paying all qualifying employees sick pay for?

Customer: replied 1 year ago.
I'm not sure but I think about 5 years
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will 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. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The issue here is that if you have been paying full sick pay to zero hours staff for a number of years, the likelihood is that it would have become an implied contractual term so removing it now will be a change to their contractual terms and conditions.

If you wanted to differentiate between zero hours workers and permanent workers then that is generally fine but you could be caught out by the Part Time Workers’ Regulations which offers protection to part time workers against being treated less favourably than full time workers. If zero hours workers tend to do hours which make them part time then they could be covered by this which means that you may not automatically be able to treat the detrimentally when compared to full time workers.

In terms of changing the sick pay to 2 weeks, it is not a problem to do this to workers with less than 2 years service as you can just give them notice to terminate their current contract and issue them with the new ones. Those with more than 2 years will be more difficult to change. You can of course ask for their consent, if that is not given you could try and justify it for being necessary for a business reason, it has to be something more serious though, like money saving t save the company, etc. Otherwise, it can be quite risky.

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

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