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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50156
Experience:  Qualified Employment Solicitor
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I work 2 days per week and recently reported in on one of these

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I work 2 days per week and recently reported in on one of these days due to sickness, my employer will not pay me for this day are the correct in not paying me. Carol Middleton
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What do you mean you reported in on one of these days?
Customer: I have worked in this shop for 7 years, 2 days per week, Monday and Saturday of each week. On Monday the 22nd of December while on my way to work I fell ill, I immediately telephoned my employer to inform them of my sickness, my phone call was made at 9.05, 5 minutes after my normal start time. My employer refuses to pay me for this Day off sick and just says I am not entitled to any sick pay. I have never before taken any time off sick during my employment. Carol Middleton
Ben Jones :

Hi sorry I was offline when you replied. If you take a day off sick then you are not automatically entitled to be paid anything for that day. You are after all not available to work and the employer is not legally obliged to pay you anything if you are not ready and willing to work, even if you are off with genuine sickness.

You will only be entitled to pay in the following circumstances:

  • Your contract entitles you to full sick pay for any absences off work. If your contract is silent on that or you have no contract then you will not get full pay unless your employer uses their discretion to pay you but that is something left entirely to them

  • If you are off for more than 3 consecutive days, then subject to a few other requirements you will be entitled to Statutory Sick Pay, although that is not much, around £90 a week. However, as you were only off for 1 day then you would not be entitled to it.

So if you had no contractual right to sick pay, in these circumstances the employer is not obliged to pay you anything because you were not in work to do the work required of you.

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

Customer: I have no contract of employment, after my years of service is that not a legal requirement of my employer to provide one. Carol Middleton.
Customer: I have no contract of employment, after my years of service should I not have one, is not a legal requirement that my employer provides me with one. Carol Middleton.
Ben Jones :

They should issue you with a written statement of employment particulars within 2 months of you starting, so you can certainly ask them for that, but it would not change the issue in relaiton to sick pay as these conditions do not have to make any provisions for paying you sick pay

Ben Jones :

Does this clarify things for you?

Customer: Many thanks
Ben Jones :

you are welcome, all the best

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