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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64632
Experience:  Qualified Solicitor
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My husband was told to go home last week he is 71 yrs and

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My husband was told to go home last week he is 71 yrs and suffers from asthma twice per year. He has no asthma symptoms right now. Usually manages it with inhalers. He was told to go home and would get full pay he works a4day week.this morning a call from work to say he will not be getting full pay he will get sick pay. He is not sick. He can return to work but must stay away from everyone and cannot use the canteen or go near anyone. He is the van driver but has been advised he is not to do driving work as he will come into contact with people. He says he is going back to work tomorrow as we can not afford to live on sick pay. This is surely totally against government advice for companies with employees with underlying health issue. He is very fit and able to do his job but they are treating him as if he is ill. He did not self isolate he was instructed to go home. Can you advise.
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: His manager said he was following instruction from the company HR my husband has been trying to talk with HR but not picking up phone, have sent email but still no response.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: The company has employees no freelancers. No consultants. Some employees are in a union but nothing ever comes from his union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Are they allowed to give him sick pay when he is not sick. The company has not closed down. Some employees have not turned up for work as they are self isolating. Just want to know if the company can do this to my husband. He says he will return to work if only sick pay for next 12 weeks

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 has he worked for this employer and is he a full time employee?

Customer: replied 8 days ago.
Worked 17 years and only two weeks ag went on to a 4 day week.

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.

Customer: replied 8 days ago.
i wear hearing aids therefore difficult to hear on the phone prefer to read
Customer: replied 8 days ago.
I cannot see any response

Many thanks for your patience. As it is the employer who has forced him to stay off work, they must continue paying him as normal for the duration of his absence. Had there been a lay off clause in his contract, then they could have laid him off, which means sending him home on no pay (or at least some minimum pay known as guarantee pay). However, in the absence of a lay off clause and it being their decision to keep him away from work, he would be due his normal pay for the period of absence.

 

He should initially raise a formal grievance and if needed he can eventually make a claim for unlawful deduction of wages on the Employment Tribunal for what he is owed.

 

Does this answer your query?

Customer: replied 8 days ago.
I think so. There is no clause in contract. The company are going against the government advice to employees and to companies. We have sent an email asking for the options he has been given in writing he can take holidays, sick pay but he is not sick, unpaid leave or return to work. He is going into work tomorrow. We shall wait and see

it would be full pay as the employer is forcing him to stay off work, had he been self isolating voluntarily then that is sick leave and sick pay only. Does this clarify?

Customer: replied 8 days ago.
Yes thankyou

All the best

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