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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44924
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been working as a registered mental nurse for NHS Professionals

Customer Question

I have been working as a registered mental nurse for NHS Professionals for approx. 10 years, I have been doing 3-4 shifts a week on a regular basis in the same trust and everything was fine until I was recently diagnosed with breast cancer. I told them as soon as I knew so did not book any shifts as I knew that I was been admitted to hospital for an operation and would need time to recover. (My GP signed me off for a mounth and gave me a sick cert. which I sent off to them. In response they have said they are under no obligation to pay me statuary sick pay and to claim it from works and pension and as I had no further shifts booked again saying they are under no obligation to offer me anything. Why would I book further shifts if I knew I would not be able to fulfill my obligation to the ward! and if I did book shifts knowing I would not be able to fulfill them but cancell them at the last minute they would have paid which I don't believe as no doubt they would have turned around and said I knew had breast cancer and was given a date for my operation so why did I book further shifts ? Please can you help me as I feel that they are fobbing me off! Kind Regards, Anne
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Do you have a specific question about this?

JACUSTOMER-iccql18f- : Yes are they fobbing me off and should they be paying me statuary sick pay another thing they say on there website is they will pay depending how many shifts you have carried out in the last 8 weeks while working , when I have mentioned this they have dismissed and that once an assignment has finished they have no further obligation to you .
Ben Jones :

Thank you. Please leave this with me, I am mobile for most of today so it may be difficult to provide a full response straight away but I will get my advice ready and get back to you on here as soon as I can, certainly no later than tomorrow morning. Thanks for your patience.

JACUSTOMER-iccql18f- :

Where is the answer?

Ben Jones :

Hi sorry I did post a follow up question but not sure if you received it – I was waiting for a reply before I could respond fully. I will try again – I presume you are not an employee rather working on some sort of self employed/conbtractor basis? Also does your contract entitle you to any sick pay?

JACUSTOMER-iccql18f- :

Hi

JACUSTOMER-iccql18f- :

My computer is playing up , I shall reply before noon today.

Ben Jones :

ok no problem, thanks

JACUSTOMER-iccql18f- : Hi Ben , yes I am working as self employed/ contractor basis, there website is very misleading on the one hand they say they will pay you based on how many shifts you worked 8 weeks before you became ill however that seems to have gone out the window in my case and they also say they do not have to pay me statuary sick pay but to claim it from works and pension. When I started with them approx. 10 years ago they did not pay holiday pay now however due to a change in the law and based on how many hours and days we work they are obliged to pay us holiday pay. Hope this answers your question.
Ben Jones :

Hi, as a self employed person you are not entitled to any sick pay if you go off sick from work. Only employees are entitled to Statutory Sick Pay and to receive any sick pay entitlement you would need to have a specific sick pay clause in your contract. If in your case they state that you would be paid sick pay based on the last 8 weeks’ work before you went off sick then you can still pursue them for that, although your entitlement will depend on what the clause says and how sick pay is calculated. However, it is also true that once your employment with them terminates, they do not have to pay you anything because you will no longer be employed by them. So the key is whether you have now ceased being their worker or if you are still employed by them but simply not getting any work.

So to summarise, you do not get SSP just for being off sick due to your employment status. You only get sick pay as per your contract, depending on what entitlement you have in there. You have to check the specifics of this and ensure that you get what you are due based on how sick pay is calculated. If you are no longer employed by them you will not receive any further payments from them, but if you are still employed by them and simply not working for the time being, they will still be obliged to pay you for the sick pay you may be due.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-iccql18f- : Thank you that's been helpful.
Ben Jones :

you are welcome

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