part day sick

[billbill]

company I work for has no sick pay policy at present time.if an employee goes sick after a hour of their 8 hour shift can I deduct there pay?

[paulajayne]

Re: part day sick

If hourly paid then their pay should be for hours worked.

[teaboy2]

Re: part day sick

If no sick pay policy exists then the employee that goes off sick would be entitled to satutory Sick Pay, however they would not be paid that for the first 3 days, as they only eligible for it from the 4th day of sickness upto a maximum of 28 weeks of continous sick leave. However any hours worked prior to going on sick leave still must be paid to them at their hourly rate.

So if they worked 1hr out of an 8hr shift, they would only be entitled to 1hrs pay, but not the remaining 7hrs they were not at work for.

Its advisable that the company has a sick pay policy based on satutory sick pay scheme (SSP), or develop a company sick pay scheme which, by law, must be more generous than SSP! As a sick pay policy actually amounts to terms and conditions of employment, without such a policy the companies employment contracts are not in the perscribed form that the law perscribes they most be in - Which in turn means the employer is in breach of section 1 of the Employment rights act 1996 (see subsection (4 (d)) (ii) of section 1) - http://www.legislation.gov.uk/ukpga/1996/18/section/1

[charitynjw]

Re: part day sick

How long has the employee been working for the firm?

If more than 2 months, were they supplied with a statement of employment particulars?