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Nicola-mod, Moderator
Category: Employment Law
Satisfied Customers: 21
Experience:  Moderator
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I have worked for the same employer for eight and a half years

Customer Question

I have worked for the same employer for eight and a half years came back to work Monday after being off sick but at end of week when I should have got paid he said he's know put me on a week in hand is he allowed to keep my wages and put me on a week in hand after all that time
Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.

taratill : Hello and welcome to Just Answer, have you been paid sick pay in the past?
JACUSTOMER-0fom9v6t- : yes I've been off work for 28 weeks having bowel ops and have received £87.60 ssp every week
taratill : Ok thanks, after 3 days which are known as waiting days the employer must pay ssp. A failure to do so amounts to an unlawful deduction from salary, you can raise a grievance about this and if you are not paid you can raise a claim in the employment tribunal.
taratill : it also amounts to a breach of trust and confidence and breach if contract for your employer to withhold your wages by making you work a week in hand in these circumstances and you should complain about this too.
taratill : if you have any further questions please ask. If you are happy with my answer please give a positive rating. Thank you and all the best.
JACUSTOMER-0fom9v6t- : I don't have a contract never have just been paid weekly have three weeks paid holiday a year but like I say went back to work this week after being off sick received no wages because he said he was keeping them so I would be paid week in hand like the other staff who haven't been there as long as me the longest being about two years who where paid week in hand from the start
taratill : Hi there doesn't need to be a written contract, you have a contract in place just through custom and practice. Your employer is breaking the law. You should have 28 days paid holiday per year including bank holidays if you are working full time. You should also have been issue written terms and conditions. As I stated before you should complain to him in writing and if he does not pay you properly you can bring a claim in the employment tribunal. Good luck!
JACUSTOMER-0fom9v6t- : Sorry to bea a pain so is what you're saying he is not allowed to keep my wages as a week in hand and also could you let me know if I still accrue holiday pay whilst on the sick I'm really upset about all this because I've been working for him so long I thought we were friends as well and I have had to resort to this
taratill : Yes he is not allowed to hold your wages a week in hand and you continue to accrue holiday whilst sick.
taratill : If you would like to know anything else please ask. Otherwise please remember to rate my answer as I am not otherwise credited for my time.
Expert:  Nicola-mod replied 4 years ago.

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