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: 75146
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I've been suspended from work on medical grounds but I've

This answer was rated:

I've been suspended from work on medical grounds but I've been told my absence will be paid by using my holiday allowance . Is this correct
JA: Where are you? It matters because laws vary by location.
Customer: I work in a warehouse in Amesbury , Wiltshire
JA: What steps have you taken so far?
Customer: I've been in contact with my specialist . I've type one diabetes and have had 3 hypos at work
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so , apart from the fact they know I have diabetes

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 been off on medical grounds for? and please also tell me how long you have worked for your employer?

Also, what is your employer's policy on sick leave and pay?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 13 days ago.
I've been suspended for 2 days using 2 days to do so now ,I've worked for them for 6 months now .

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; 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.

Hi I tried to call twice but there was no answer, are you available for a call?

As I have been unable to reach you by phone, I will reply on here instead. If you are medically suspended you would be due your normal basic pay for the period of suspension. If the employer did not want to pay you, or only wanted to pay you SSP, there must be a very clear and specific clause allowing them to do that, which states that on medical suspension you would not be due your normal pay.

In terms of holidays, an employer can force their employees to take holidays at a time decided by the employer. To do this the employer must give the employee notice which is at least twice as long as the holiday to be taken. For example, an employer wants an employee to take 5 days’ holidays on specific dates – they must give the employee 10 calendar days’ notice before they want that holiday period to start.

However, if you are off work due to a disability issue, asking you to rake holidays instead of paying you in full for medical suspension, will likely amount to disability discrimination. You do have to be disabled by law first though so it may be worth checking on here to see if you meet the relevant criteria:

https://www.citizensadvice.org.uk/work/discrimination-at-work/checking-if-its-discrimination/check-if-youre-disabled-under-the-equality-act/

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.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.