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Topic: Sick Pay

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Francais

08/3/2015 at 6:24pm
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Yep thanks guys, Son is not really into all the legal stuff, and at 30 I don't want to be seen fighting his battles for him.

Anyway I have steered him in the right direction, and passed on recommendations from here, so it does not look like I am pushing him.

Anyway Bank of Mum and Dad is there just in case, he has even offered to make up for the lost digs money he gives us each month, as soon as he gets back on his feet again.

Will keep you all posted on progress, and apologies to the OP for hi jacking the post.

pally

09/3/2015 at 9:25pm
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Hi, BIL has spoken to someone at work and has been told that he is a 'worker' not an 'employee' so doesn't get sick pay. Apparently they don't have any employees, just workers, though I've no idea what the difference is, wording probably.

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Pally

The pen is mightier than the sword - but only if the sword is very small and the pen is very sharp...

Patches

09/3/2015 at 10:56pm
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Sorry to say that these days, the employers can virtually do whatever they want, unchallenged. The only thing that frightens them at all is H&S Executive, who should implement safety Regulations and will when it is necessary.

There are not enough people who join trade unions any more (I am a member BTW) as the media have managed to demonise members and lots of people don't see past that. Union membership is essential in situations such as this, you will get free legal advice and more importantly, free representation if you are a member. When it costs £1,000 to bring a claim at the Industrial Tribunal, this is a major consideration for someone who has just lost their job.

BTW if you are dismissed as a result of joining a Union, different rules apply and you don't have to have worked there for 2 years. Proving this can be tricky but I have seen it done.

sunshinetours

10/3/2015 at 11:58am
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Quote: Originally posted by pally on 09/3/2015
Hi, BIL has spoken to someone at work and has been told that he is a 'worker' not an 'employee' so doesn't get sick pay. Apparently they don't have any employees, just workers, though I've no idea what the difference is, wording probably.

Hmm my guess is they are classing their "employees" as self employed. He needs to clarify this as he would technically need to register with HMRC and prepare his own tax return.

Presumably he also won;t get sick pay, holdiay pay or any benefits either as self employed people would nopt get those

If he has a contract does it state contract for services or contract of employment?

billy

10/3/2015 at 12:39pm
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Its up to a company if they want to pay sick pay over & above what the law requires. All employees must be paid SSP after they have been sick for 4 days. Rate is £87.55 pw for up to 28wks.

Some companies will have hourly paid staff & salaried staff, often salaried staff are paid their salary regardless of if they have time off sick & hourly paid staff are only paid the hours on their clock cards.

It is illegal for companies to require workers to work set hours & then class them as self employed. Anybody working set hours must be properly employeed on Paye. If a factory is using agency workers then those workers must still be properly employed by the agency & paid at least min hourly rate.

pally

10/3/2015 at 4:06pm
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Hi, thanks. I don't know his contract wording but he is contracted to work so many hours (40 I think) for a salary. He is not hourly paid. He is a delivery van driver and often works more than his hours. I don't know what the situation is re overtime. He gets minimum days paid holiday which is why he thought he would get sick pay too but apparently not :/

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Pally

The pen is mightier than the sword - but only if the sword is very small and the pen is very sharp...

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