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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70386
Experience:  Qualified Solicitor
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I have just resigned and prior to that been in contact with

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I have just resigned and prior to that been in contact with someone who has tested postive with Covid 19. Now I'm in self-isolation. Notice period 1 month. Can my employer deduct my last pay because of this?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No. Boss owns the company so he makes the decision over the person doing payroll.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee - there is no union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 12 days ago.
9 months

Thank you. What is your sick pay entitlement?

Customer: replied 12 days ago.
Need to complete and sign a self-cert of absence doc in order to get paid. Do I need to get if I'm self isolating?

Would you get full pay though?

Customer: replied 12 days ago.
No - I resigned in the middle of the month

I mean for sick pay, would you get full pay if you were off sick?

Customer: replied 12 days ago.
No - a few weeks ago I had sciatica. Dr advised I self cert. Work did not give ne anything to fill out. They deducted 1 week's wages.

but what is your sick pay entitlement under contract?

Customer: replied 12 days ago.
they will pay sick pay equal to my normal salary for a total of 5 working day's absence due to sickness or injury in any period fo 12 months. I was sick from Monday to Friday for 7 days (incl weekend) and returned the following Monday (even though the doctors said they would give me a sick note).

Have you taken at least 5 days sick in the past 12 months for which you were paid full pay?

Customer: replied 12 days ago.
No

Ok thank you. If you are self-isolating, that will be officially classified as sickness absence. The law entitles you to Statutory Sick Pay for the 14-day period during which you have to be isolating. If your contract entitles you to something better than that you will be able to expect that from the employer. In your case, you appear to get 5 days full pay in a 12-month period and as you have not used that up yet and assuming it is not a discretionary benefit, you should expect to be paid that for 5 days of your absence. However, the remaining days will have to be paid on SSP rates, which is the minimum you can expect.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 12 days ago.
I've paid for a call. Should I still expect this from you to discuss my position further as I still need advice around this matter.

Just a quick clarification on phone calls – the pop-up offering you the chance to request one is automatic and I have no control over it. Therefore, if you request a call back there is no guarantee that I, or anyone else, would be available to fulfil it. At present, due to outside commitments, I cannot take calls but your request is open and visible to all other experts. If someone is available, they will accept it and call you, but if no one is free, then it will remain open until it is accepted or you decide to cancel it. In the meantime, you have already paid for a written response and that is the part I will continue helping you with.

Customer: replied 12 days ago.
Thank you!

You are most welcome and all the best