Employment Lawyers Can Answer Your Employment Law Questions
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How long have you worked for this employer for?
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So what they have said is rather misguided - they cannot say that because you haven’t worked your contracted 40 hours a week you have to lose out in other ways. The whole point of being sick is that you are unable to work so you will not be able to work your contracted hours. So if you go off sick you are of course not going to be able to work your contracted hours, but that does not mean you will not get paid sick pay or that sick pay will be taken out of your other hours that week. If the overtime was not guaranteed then they could potentially take it off if you have not yet worked it. So there is an option for example where any overtime which you have not yet worked and which is not guaranteed (I.e. it can be changed) that the employer can take it off and simply not pay you for it as you are off and not working it.
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