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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64496
Experience:  Qualified Solicitor
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My employer has put me on a site where people are going home

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Hi my employer has put me on a site where people are going home because they have family members with symptoms & I have a vulnerable wife at home. Plus they said that I'm entitled to only statutory sick pay if I leave site but I'm employed and shud be entitled to the 80% wage but they also told me the government will pay me directly & my wage won't go through the company. Is this right?
JA: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: Yes with works partner & she telling me I'm only entitled to sick pay
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Just a labourer & I'm on paye
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My wife will receive a letter later this week telling her she is in the vulnerable category but I'm reluctant to stay home till pay is sorted.

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.

How long have you worked for this employer? and are you a part or full time employee?

Customer: replied 6 days ago.
Full time & been on for this firm 12 month

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. The 80% wage is only applicable to employees whose employer cannot afford to pay them because of lack of work as a result of the pandemic. So this is not the position you are in and as such you cannot expect the employer to pay you 80% pay whilst you are off because you do not feel you should be in work.

 

If you have yourself decided not to be in work because you are worried about the virus, then you are officially treated as being off sick and you would only be entitled to sick pay, which could potentially be as low as SSP if you get no full pay sick entitlement;.

 

You can always ask the employer to consider moving you to a different location if possible but if they can’t and you feel you have to go off work, then you will be getting sick pay only.

 

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

 

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 simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 5 days ago.
Yes thanks bye

All the best

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