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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50752
Experience:  Qualified Employment Solicitor
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I work in a factory 40 hours a week, 8 hours a day, get paid

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Hi I work in a factory 40 hours a week, 8 hours a day, get paid £8 an hour and £10 hour overtime and my contact says I get two weeks full pay sick a year, my employers says that I if in a week I have day sick and have 8 hours overtime that they will take the hours overtime to cover the sick, because I wouldn't of worked 40 hours, can they do that? Doesn't that mean I have received my sick pay I have just worked time in lieu instead?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked for this employer for?

Customer: replied 10 months ago.
17 years

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

So what they have said is rather misguided - they cannot say that because you haven’t worked your contracted 40 hours a week you have to lose out in other ways. The whole point of being sick is that you are unable to work so you will not be able to work your contracted hours. So if you go off sick you are of course not going to be able to work your contracted hours, but that does not mean you will not get paid sick pay or that sick pay will be taken out of your other hours that week. If the overtime was not guaranteed then they could potentially take it off if you have not yet worked it. So there is an option for example where any overtime which you have not yet worked and which is not guaranteed (I.e. it can be changed) that the employer can take it off and simply not pay you for it as you are off and not working it.

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