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I am paid if i am off sick ,recently i had a day off with an upset stomach [ not achol related ] and have been stopped a days pay.I have a good sickness record, so i am just wondering why they have stopped the days pay,the only thing i can think of they did not get my sick notice that i sent to the local office.Without this notice can they stop my pay .Many thanks

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Well the obvious question is what reason have they given?

 

Most employers have an exclusion from this where if they believe that the sickness was due to your negligence in some respect, they do not pay sick pay. I can only assume that it is on this basis they have done it. Alternatively, they may have felt that you did not fully comply with the sickness procedure.

 

You will get nowhere without finding out from them why they havent paid it...

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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Hi and Yes,we are paid from 1st day .

 

Therefore, this is a contractual sick pay scheme and not SSP as to qualify for SSP you must be:

 

Sick for at least 4 or more days in a row (including weekends and bank holidays). This is known as a Period of Incapacity for Work.

 

Thus, as Mr Shed states you need to ask your Co., 'why on this occasion, they have chosen to refuse contractual sick pay?'

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Thank you all for your replys, 1st thing Monday i will ask why.I just wondered if they say it is because they did not receive the sick note they are within there rights to stop me pay,many thanks again.

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It could be a simple case of admin error - certainly not unheard of!

 

Let us know when you know the reason :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Phoned today and told to send in a sick note and shoild get my days pay back,thanks for all your posts ,i think i jumped the gun a bit as i have had problems with this lot in the past,thanks again

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  • 6 months later...

Can sick days in a week effect the overtime hour rate in same week

Say 8 hours paid for a sick day The o/t rate only normal rate as only 32 hours worked in the 40 hour week

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I'm sorry , it is not clear to me exactly what you are asking.

 

Are you saying that you were sick for example part of a week, then worked part of a week for which OT is usually paid (e.g. weekend), and you want to know if the OT rate could apply to the part week worked?

 

If the above is correct, then you need to post the precise wording of the OT clause in your contract.

 

Could you please re-post your question in a clearer format?

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Sorry will try again .Done some o/t first part of the week and then was ill later part of week.Was told o/t rate would be at normal rate because 40 hours has to be worked first.The 8 hours paid for illness made only 32 hours worked.

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Sorry will try again .Done some o/t first part of the week and then was ill later part of week.Was told o/t rate would be at normal rate because 40 hours has to be worked first.The 8 hours paid for illness made only 32 hours worked.

 

This is as I thought.

 

OT is purely a contractual issue. There is nothing in law (unless your industry is subject to collective agreements), that says you must get a premium after X hours worked.

 

Thus to answer your question, "...you need to post the precise wording of the OT clause in your contract."

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Here we go ,,When part of the week has been taken as sick leave ,overtime will be paid at basic rate only untill the basic hours have been worked [ normally 40 hours],,,

The o/t i did was the previous week end [ our week is from sat to fri ],i feel that the basic hours would be the normal week ,mon to friday.

Any advice wellcome,cheers

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,,When part of the week has been taken as sick leave ,overtime will be paid at basic rate only untill the basic hours have been worked [ normally 40 hours],,,

Hours of work

The normal working week shall consist of 40hours to be worked in five days Monday to Friday,8.00am to 5.00 pmwith an hour for lunch

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Guest Old_andrew2018

Imho you needed to work those extra 8 hrs before you move into paid overtime, sorry!

 

andy

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But you say your week runs Sat-Fri, therefore the O/T came in the same week as sickness. If I was your employer I would not be paying O/T rate for this. A manipulative employee could take advantage if I did - say he worked Sat O/T every week and then took a day off sick in the week, he works no more hours than someone working mon-fri so why should he benefit? Some employers would go further and ban O/T for employees who have more than x sickness.

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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I am penalised by beeing sick ,cant be fair.Whilst i was off sick i was still answering problems over the phone [ had hurt my leg and still am having treatment] A manipulative employee taking advantage would be soon sussed.

The t/sheet is from sat to friday,but the wording above is about basic hours between mon to friday.

Overtime is requested by your employer and is only now and then, not every week.I can see what everyone is saying but i am hoping the wording is in my favour,if you are off sick it is something you do not plan and why should you lose money over it .I do accept if it a basic week [mon to friday] it would mean a little lose but i have lost a lot because of the weekend work.

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It depends on the hours you work. If you are not full time, it will be worked out pro rata.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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From April 2009 a FT employee (5 days a week) is entitled to 5.6 weeks (28 days) holiday per year, and this can include Bank Holidays.

 

This can be pro-rata for a PT employee, and can differ slightly this year depending on when the comany's holiday year runs from and to.

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Guest Old_andrew2018

its simply how it is, you need to work 40hrs before you accrue overtime payments.

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