Posted by Julia Roxan on 9 May 2017

“I took 7 days off work for flu and my employer won’t give me sick pay. I usually work 21 hours in a warehouse but I’m on a flexible contract so my shifts moved round. I called in sick and they took me off the rota for a couple of weeks, and are saying that I won’t be paid. Is this right?”

Whatever your contract type, you’re entitled to sick pay if you meet certain rules around the length of your illness and your usual pay.

Statutory sick pay is paid from the fourth day you’d usually be working that you’re off sick. You need to normally earn £112.00 a week or more before tax, and to report your sickness according to your workplace rules such as phoning in or filling in a form.

If you’d already agreed to those working hours before you took time off for illness, your employer removing you from the rota doesn’t change your rights - you’re still entitled to sick pay. Your employer may not be aware of their responsibilities, or they may even be trying to avoid paying.

The first step is to ask your employer to fill in the government Statutory Sick Pay form SSP1 explaining their reasons for not paying you.

Once it’s filled in, call the number for HMRC on the form. They’ll clarify whether you’re entitled and if you are, make sure you’re paid.

If your employer won’t fill in the form, contact HMRC, who have a legal duty to solve issues around sick pay.