My daughter started work on a two week trial on the 21 June 2007. This was in a first class country house hotel and involved waitressing and kitchen duties. She went down with a diarrhoeal (!) infection and was off sick 4,5,6,7, and 8 July for which she self certificated and her employer was kept informed daily. Two rostered days off (9 & 10 July) and she returned to work 11 & 12 July. On the 13 July she had an appointment with her doctor and was given a 24 hour medication and a sick note to cover that day because doctor wasn't happy with her condition. She made a phone call to that effect to her employer immediately after her doctor's appointment. She returned to work 14 July for her shift to be told she was dismissed. Her employer told her he didn't believe she was sick even though she had a doctor's note. (sorry for rambling!!!)

Now then - is she entitled to pay in lieu of notice? She has been paid £418 (minus live-in costs of £51) for 89 hours work (no deductions for tax and n.i. as she had been out of work for a month). As she is 22 years old and entitled to minimum wage of £5.35 per hour at least, this cannot be right? (I make it £476.15) Is she entitled to sick pay?

I don't have her pay slip to hand but it says:-

Salary 1 @646.00

Deductions

Tax - 0.00

NI - 0.00

Live-in - 51.00

Sick pay 228.00

Total payable - £367

Anyone shed any light or offer advice as how to follow this up?

Have written to employer, but as yet no reply.

Cheers x

Sorry to hear your daughter has been ill.

As she fell ill within the trail period i`m sorry to say they can dismiss her without notice.

They do not have to give reasons at all or pay in lieu of notice.

Now her pay, its looks as if she was paid sick pay, the reason sick pay has been deducted i expect is because it was SSP.

Her salary reflects a pay over and above the national minimum wage and thats what she would of got if not sick.

Sorry its doom and gloom but i hope this helps in some way.

We weretold that sick pay needs to be added to gross then deducted again to enable employer to claim back? £418.00 for 89 hours work = £4.70 per hour at the very most, well below the national minimum wage for a 22 year old.

No if that was the case then the employer would still be paying full pay as well as sick pay. I`m sorry but deducting sick pay from gross pay is correct.