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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64575
Experience:  Qualified Solicitor
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I have a contract with my employer stating that I am

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I have a contract with my employer stating that I am entitled to 10 days sick pay at full pay and 10 days sickness at half pay. I have been in self isolation on the advise of my GP practice and my employer has only paid me £18 per day SSP. They are saying that they are not paying sick pay for Corona virus unless it is proven you have it. They issued a memo to all employees stating this last week. Is this legal?
JA: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: Yes with HR. They said if I can get a doctors note stating I have flu rather than the Corona virus they will pay me, I contacted my GP surgery who said no and the isolation note should be enough
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employed with the company for 31 years
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am still not well but feel I have to return to work

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 there for? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 4 days ago.
31 years
Customer: replied 4 days ago.
I would rather not call you as it's a company phone and they will see the phone record

Many thanks for your patience. Does the contract guarantee the mentioned sick pay or is it stated to be at the employer’s discretion?

Customer: replied 4 days ago.
Yes the contract states what sick pay you are entitled to, and they told me yesterday that if I had a doctor's note stating any thing other than the Corona virus I would be paid.

And why are you self isolating? Why does the GP think you should be doing it?

Customer: replied 4 days ago.
Because I have a sore throat, cough, constant headache and no energy, I also have an under laying problem, Crohns. The nurse told me to self isolate for 2 weeks, I'm now on day 7 and still feel poorly

Thank you. The current guidance is that anyone who has symptoms or has been advised to self-isolate by a doctor or 111, they should be treated as being off on sick leave and the usual sick pay rules would apply. The minimum anyone would get would be SSP, but if you have contractually guaranteed sick pay under contract, you can expect that to be honoured instead. The employer could rely on their discretion not to pay company sic pay only if there is a clause saying it is payable at their discretion.

 

These are uncertain times, with a lot of confusion and often conflicting information. The employer may simply be misinformed but you can still negotiate with them and request full pay as per contract. If they refuse, it is going to be a case of going to the Employment Tribunal to pursue them for the missing pay so it is up to you whether you want to take it that far. Consider a grievance first though as that is the accepted procedure to challenge them.

 

Does this answer your query?

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 4 days ago.
Yes thank you for your time

All the best