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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 74357
Experience:  Qualified Employment Solicitor
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Are payed sick days a legal requirement from the employer?

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Are payed sick days a legal requirement from the employer?
JA: Was this wage-and-hour issue discussed with a manager or HR? Or with a lawyer?
Customer: its not that issue. Can they put a clause in my full time contract that claims “we do not pay sick pay”
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I’m an employee, I haven’t been hired yet, I’ve just been offered the contract detailing the terms of employment.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: they also have a clause that claims that they can reduce my hours and salary if they decide to reduce my work with notice that they deem reasonable. Wondering if that’s legal when they are signing on an annual salary basis.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 1 year ago.
Hi Ben. Ask away.
Would it be easier as well if I forward a copy of the contract to you?

Is this a change to an existing contract or does this relate to a new employment contract? and if possible, please upload a copy on here

Customer: replied 1 year ago.
It’s relates to a new employment contract.
Customer: replied 1 year ago.
Concerns rest mostly with sections 7, 9, 13, 18 and 21.

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Many thanks for your patience. I will discuss each clause you have questioned below:

7. This is a standard lay off clause and it is entirely legal – the employer needs it to reduce your hours or place you on unpaid leave in the event there is no work for you. You will see a lot more of these in the future as a result of Covid-19. You do have some rights and after 4 weeks of being placed on lay off you can potentially apply for redundancy

9. Not sure what the issue with that clause is?

13. Relatively standard clause too. You must give them 4 weeks notice to leave, they must give you the minimum statutory length, which is 1 week per full year of employment you have with them, up to a maximum of 13 weeks. They could dismiss with no notice for gross misconduct

18. This most likely only refers to company sick pay. You still get your legal entitlement to Statutory Sick Pay, but this clause basically says that you do not get any extra company sick pay on top of that

21. Have not seen such a clause before to be honest – not surer what they are trying to achieve with it, but query that with them and make sure it is only about future payments, not anything you have already earned and are due from them

Does this answer your query?

Customer: replied 1 year ago.
For number 7. Just how it reads, in theory could they just lay me off every other week or are there restrictions to this. If they decide to go from a 7 day work week to a 4 or 5, would they be capable of deducting my pay.

If they have laid you off for 4 consecutive weeks or 6 weeks in a total of 13 weeks then the rights are the same and you can petition for redundancy.

Also they can reduce your pay in proportion to the reduction of days’ work

Does this clarify things a bit more for you?

Customer: replied 1 year ago.
thank you.

All the best

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