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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50201
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I work at a bingo I’ve been in hospital and have been of for

Customer Question

I work at a bingo I’ve been in hospital and have been of for 3 weeks I went out on Saturday as was bored to do a bit of shopping as haven’t been out of the house until that day the local Morris dancing group was there bag packing which my daughter dancers for and one of the girls never turned up so I said I’d help for a hour it was voluntary don’t get paid for it my boss found out and has told me he is phoning hr and stopping head office paying me I pay rent and my bills monthly and he does this I’ve got no money and can’t go back to work as have no money to get there and I could loose my home for not paying rent can he do this to me?
Submitted: 22 days ago.
Category: Law
Expert:  Ben Jones replied 22 days ago.

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

Expert:  Ben Jones replied 22 days ago.

What is your contractual entitlement to sick pay?

Please note due to the late hour I am going offline shortly and will reply in the morning, thanks

Customer: replied 22 days ago.
Full pay but loose first 3 days been employed there 12 years in August retire in 3 years and entitled to 8 weeks full pay
Expert:  Ben Jones replied 22 days ago.

Thank you. Does it say that sick pay is paid at the employer's discretion?

Customer: replied 22 days ago.
Goes on years service
Customer: replied 22 days ago.
I’ll phone Acas and ask them didn’t no it was free information as I’ve paid you £18 gone into overdraft which I don’t have and getting charged I asked you one question and you haven’t answered me a yes or a no
Expert:  Ben Jones replied 22 days ago.

with all due respect, I have to ask preliminary information to get the necessary details to be able to give you an accurate answer. Lawyers do not just answer yes or no if they do not have the relevant information and we need to ask certain questions to get the details we actually need to be able to give you an answer

Expert:  Ben Jones replied 22 days ago.

So, do you wish to proceed still?

Customer: replied 22 days ago.
Is this going to cost me more money as I don’t have none and you get full sick pay with a doctors note after I year service and I’ve been there 12 with 8 weeks sick pay entitlement
Expert:  Ben Jones replied 22 days ago.

You only pay a one off fee - all the questions I ask do not cost you anything extra, but are necessary for me to give you a proper answer

Customer: replied 22 days ago.
Well my boss ask hr to stop my sick pay for working 1 hour voluntary with no pay can he do that that’s all I want to no
Expert:  Ben Jones replied 22 days ago.

The issue here is that you are getting company sick pay, which is not a legal entitlement, but something which you get under contract. It is basically a voluntary payment given by the employer as a benefit to its employees. Regardless of what the contract says, if the employer believes that you are not genuinely ill, they can stop company sick pay. In their eyes you may either not have been sick or have recovered and stayed off sick for too long, simply because they were aware of you doing some voluntary work in a shop. Obviously, it does not look great that you are supposed to be off sick but are well enough to go and do other work. However, it is not as simple as that – you are off sick if you are unable to perform your duties with that employer. That does not mean you have to stay at home and be bed-bound for the whole time. People who are off sick can still do other things – take a walk, go to the cinema, go on holiday, etc – the main thing is that they are unfit to undertake the work which they are contracted to do. If that is the case, you are still able to do other things without having to risk your sick pay. Still, if the employer has doubts over the sickness absence being genuine, they can potentially stop your sick pay.

However, the way they have gone about it is not fair – they should have warned you and potentially given you notice that they are going to do that. They could have also tried to recover any overpayments of sick pay from future wages, rather than just stopping your pay completely and leaving you with nothing. That in itself can amount to a breach of trust and confidence and even unlawful deduction of wages. You should raise a grievance over this with them, after that you have to consider a potential claim in the employment tribunal (for free) if you wanted to pursue the money they stopped.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you were to take this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 21 days ago.
I won’t find out until Friday if they stopped my money that’s when I get payed but the one hour I worked was for charity nothing else
Expert:  Ben Jones replied 21 days ago.

I understand that, the issue is not whether it was for charity or not, the issue is the employer is suspicious about whether you were genuinely ill or not. Anyone can get a sick note, that does not mean they are genuinely ill and if there is evidence that may suggest you could have been at work, rather than off sick, then the employer could consider stopping sick pay, but as mentioned they should do this fairly and with some notice.

I am not saying your illness is not genuine though, all I am saying is that from the employer’s point of view there is a cause to think you may have been able to work for them if you are able to work elsewhere, be it for charity and only an hour. But that does not mean they are right, there are still plenty of factors which you can raise with them as mentioned earlier that would allow you to argue that you were still genuinely unable to work and should have remained on sick leave.

Customer: replied 21 days ago.
I’ve been in hospital and went to see my doctor because was still in pain so that’s why I got a sick note I was in hospital for 4 days in December with the same sickness
Customer: replied 21 days ago.
Also I’m a diabetic inject with 2 lots of insulin and under hospital for other things as well
Expert:  Ben Jones replied 21 days ago.

As mentioned, I am not saying you were not genuinely off sick, but there is evidence that would prompt the employer to consider that may not be the case. The main point you need to remind them off is that doing some unpaid work for an hour is not the same as being in work for a whole day like you would with them and does not mean you were not still off sick

Customer: replied 21 days ago.
Hi Ben I’ve had a voicemail of my manager to phone him at work I did and he said he thinks I’m fit enough to go back to work tomorrow and if I do he won’t stop my sick pay I feel like I’m being blackmailed as there short staffed what shall I do
Customer: replied 21 days ago.
What should I do
Customer: replied 21 days ago.
What shall I do as he wants me back in work tomorrow?
Customer: replied 21 days ago.
Feel like I’m being blackmailed said if I go in he won’t stop my sick pay
Expert:  Ben Jones replied 21 days ago.

Hi there sorry I have been in court for the day and have only come back. The employer may think you are fit just because they have seen you do the voluntary work but you need to maintain that this is not the case and that doing that does not mean you are also able to go into work as normal. If needed, get further clarification from your doctor about your condition and that you are not fit for work yet. Sadly, you cannot prevent the employer from stopping your pay but you do have protection in terms of taking it further and reclaiming the money they stopped.

If your original query has been answered I would be grateful if you could please quickly rate the service so far by selecting 3, 4 or 5 stars above as it is an important part of our process. I can still answer follow up questions if needed and the question will remain open. Thank you

Expert:  Ben Jones replied 20 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 20 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks