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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My employers have changed to an LLP as from 1 April. Until

Resolved Question:

My employers have changed to an LLP as from 1 April. Until that point I received 6 weeks sick pay a year. As from 1 april I have 2. However, I had 1 day sick last week and have been told that I have exceeded my annual allowance by 2 days so in effect I now owe the company! Our sick days roll through out the year. If my contract changes like this is it correct that I can end up owing or should they start from scratch?
Many thanks
Submitted: 1 year ago.
Category: 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. Do you mean that you were expecting all allowances to start from scratch when the company changes to an LLP?
Customer: replied 1 year ago.
Not really I don't want to start by owing them money
Expert:  Ben Jones replied 1 year ago.
ok so if there had not been a change with the company, what would your position had been after you had taken that day off sick?
Customer: replied 1 year ago.
Nothing I would've been entitled to it.
Customer: replied 1 year ago.
Basically what they're saying that I've gone over my new allowance as they're taking into account the sick time I took when I was allowed 6 weeks. Does that make sense?
Expert:  Ben Jones replied 1 year ago.
Sorry I am not quite following. So to try and understand - you used to get 6 weeks sick pay per year. This is not between fixed dates but for any rolling one year period. You say that as of 1 April you only get 2 weeks sick pay, which was due to the company changing its status? So based on this new allowance they say that you have gone over it but they are taking into account the time you have already taken as part of your old allowance?
Customer: replied 1 year ago.
That's right.
Expert:  Ben Jones replied 1 year ago.
Ok thank you. There will be nothing specific in law which deals with such a situation. However, this would be dealt under the implied term of mutual trust and confidence which exists in every employment relationship. It is an unwritten rule but an important one which determines a lot of your rights. Its concept is that the employee and employer should each act in a way that preserves the trust and confidence with the other side, in simple terms they should act fairly and reasonably. So in your circumstances, if they are changing your terms and conditions to your detriment because they are reducing your sick pay entitlement, they should really start this from scratch at the time the changes are introduced. It is only fair in the circumstances. Had they carried over the same entitlement of 6 weeks then it would have been reasonable to include the previously taken days off but with a much reduced allowance they should start from scratch or at least only take a proportion of your sick leave for the last year, so for example your allowance is reduced down to a third of what it was so they should only take into account a third of past sick leave. This is your basic legal position. I have more detailed advice for you in terms of the options you have to challenge this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Thank you Ben your advice has been really helpful. The reality is I work for a law firm so you can appreciate that I need to deal with this matter carefully! I don't have any further questions for you and will give you 5 stars for your help. Thank you again.
Best wishes
Rosemary
Expert:  Ben Jones replied 1 year ago.
You are welcome. In the first instance this should be resolved directly with the employer, informally if possible. After that you have the option of going down the grievance route, which is a formal complaint. The final option is a resignation and a claim for constructive dismissal but obviously this is a last resort and you may not wish to give up your job just for this reason.
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