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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50187
Experience:  Qualified Employment Solicitor
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My employment contract states that I am entitled to four weeks

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My employment contract states that I am entitled to four weeks pay in any twelve months of continuous employment. I am off sick at present and my employer has stated that payment is at his discretion, and told me that I will not be paid. I have not had any sickness absence in the last twelve months

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there?

Customer: Over four years
Customer: My normal working hours are 45 hours each week
Customer: For Ben Jones , employed four years work 45 hours each week
Ben Jones :

Does the contract say anywhere that it is a discretionary payment?

Customer: Not at all
Ben Jones :

are they paying you SSP?

Customer: Yes
Ben Jones :

I agree that this appears to be a breach of contract on their part. Whilst it is entirely possible for an employer top decide that any additional sick pay is payable at their discretion, for this to be enforceable it needs to be stated in the contractual terms. The words ‘discretion’ or something clearly similar must be used. It is not possible for the employer to state that you get enhanced sick pay, state the amount you would get and then try and claim later that this is payable at their discretion when no such condition was mentioned at all. So this can certainly amount to breach of contract and a potentially unlawful deduction from wages, something you can raise with them and take further if necessary.

Customer: The contract states " upon completion of a twelve month service, there is in place a contractual sick/injury pay scheme, which provides payment during periods of certified sickness for four weeks in any sick pay year (12 month rolling period) minus any sta entitlement or benefit, including Statutory Sick Pay
Ben Jones :

yes I cannot see how they can claim this is discretionary when clearly there is nothing in the wording to suggest that

Customer: How can I keep this advice for my own information can the conversation be emailed to my email address?
Ben Jones :

You have a few options:
a) If you see a 'share' button and hover over it you can see the option to print.
b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time

Customer: Unfortunately I am using an iPad and don't have an air printer attached. How do I access my account so I can open it on my PC sorry but struggling somewhat at present
Ben Jones :

you can just save the webpage and return to it later:

Ben Jones :

or just keep the page open on the ipad and acces it later

Customer: I have made a note of the page many thanks
Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:

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