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: Law
Satisfied Customers: 64939
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

Am I entitled to be paid the 80% of wages if I have been

This answer was rated:

Am I entitled to be paid the 80% of wages if I have been sent the government letter saying that I should not work for health reasons, even though I would normally be able to work after ending a month on SSP?
JA: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: The HR at work is saying that he is "not allowed" by HMRC to pay the money. I havne't discussed it with a lawyer.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee and have worked for the same company for 12 years. They are aware that I have COPD which causes breathing problems (I have just been off for 4 weeks due to an exacerbation but the certificate ran out yesterday and I would have returned to work if not for COVID-19). Yes, I belong to a union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Although I pay union subscriptions, the company I work for is not unionsed, and are not aware that I am a member. The HR advisor said that morally he felt they should apy Karl, but theyare being prevented by the government.

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.

Can I just check, are you a full or part time employee?

Customer: replied 12 days ago.
full time

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 Government’s scheme called “The Coronavirus Job Retention Scheme” is in place to help employers meet wage demands whilst they have no work for their employees and would otherwise have to lay them off unpaid for a period of time or make them redundant.

 

The Scheme is not there to cover employees who are self-isolating, regardless of whether they are doing that as a precaution because they fall within an at risk group, or due to personal preference. Those employees would be officially consider ‘off sick’ and only entitled to sick pay, as per their contractual entitlements. If the company does not provide enhanced sick pay, it could mean they only get Statutory Sick Pay only, which is currently paid from day one of absence at a rate of £94.25 per week.

 

Does this answer your query?

 

Customer: replied 12 days ago.
Not the way I'd hoped! The rest of his colleagues have been furloughed, he can't get a sick note as he's fit to work and he can't claim universal credit as he is still employed. Oh well.

It’s a shame everyone else is furloughed and he is not but this is mote of an ethically questionable decision rather than a legal one. Does this clarify things a bit more for you?

Ben Jones and 7 other Law Specialists are ready to help you
Customer: replied 12 days ago.
Thank you. Yes.

All the best

Customer: replied 8 days ago.
Please leave me alone!!

Not sure what you are referring to…