How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 73840
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I got very sick in April, spent month and 17 days in coma

Customer Question

Hello my name is ***** ***** got very sick in April , spent month and 17 days in coma .My Employer doesn't want to pay me SSP .and end contract to avoid paying me .I spent 6 years in this company worked all the time and this is what they did to me
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am employee .. on zero contract hours
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: When I asked why they do not wanna pay me they said I don't earn enough money (I did they added month when I was in hospital to last pay ) . Then I got letter to clime from government SSP and in form is written contract is end
Submitted: 10 days ago.
Category: Employment Law
Expert:  Ben Jones replied 10 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 10 days ago.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Expert:  Ben Jones replied 10 days ago.

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Expert:  Ben Jones replied 9 days ago.

Without the requested information, I can only provide you with the following general response, which will hopefully still answer your query. First of all, I am sorry to hear about the issues you have experienced in your situation.

To be eligible for SSP you must be earning at least an average of £120 a week.

There is a specific formula to do this which you can find here:

https://www.gov.uk/guidance/statutory-sick-pay-manually-calculate-your-employees-payments#work-out-the-average-weekly-earnings-awe

(Scroll to the Work out the Average Weekly Earnings (AWE) section)

In terms of the termination of contract, as a zero hours worker you would not have unfair dismissal protection so your only option to challenge the is if you were disabled in law and they dismissed you because of it.

The legal definition of a ‘disability’ can have a broad meaning and there is no single list of medical conditions that can qualify. Potentially, any condition or ailment can amount to a disability if it meets the required criteria.

That criteria are contained in The Equality Act 2010, which defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down and examine it in more detail below:

- Physical or mental impairment – this can include practically any medical condition, be it a physical or mental impairment

- Substantial effect – the effect must be more than minor or trivial

- Long-term - the impairment must either have lasted or be likely to last for at least 12 months

- Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. shopping, reading and writing, having a conversation or using the telephone, watching television, getting washed and dressed, preparing and eating food, carrying out household tasks, walking and travelling by various forms of transport, and taking part in social activities)

Please also take a look at this detailed guide on determining if you are disabled:

https://www.citizensadvice.org.uk/work/discrimination-at-work/checking-if-its-discrimination/check-if-youre-disabled-under-the-equality-act/

If a person satisfies the necessary criteria, they will be classified as being disabled in a legal sense and will have automatic protection against discrimination. This means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.

If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments, that would potentially amount to disability discrimination, which is unlawful. The first step to try and deal with this would be to raise a formal grievance and then you can make a claim in the Employment Tribunal if needed.

Expert:  Ben Jones replied 9 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.