Dps work withholding bank holiday pay as he is sick today

[Suliemantra]

Is this even legal?? He has a tummy bug is being sick and can't carry out his duties. He's just got a text saying he won't get paid for bank holiday Monday. Wtaf?? He is a permanent employee and has been in role for 7 years. There is no HR department. Is there anything he can do?

Is it a four day (or longer) shift, what kind of work does he do?

He is a driver for a removals firm and its not shift work but daily work

Is bank holiday Monday a working day or annual leave? They can't take sick from annual leave although your husband could request it if he preferred not to have the sick day on record. Does your husband get paid sick ?

I've worked for a few firms where if you called in sick before a bank holiday or planned annual leave you had to have a sick note to get paid for the bh/holiday. Presumably to stop people extending time off without using annual leave.

Ring ACAS.

I'd say its probably cause they don't believe him what with it being the bank holiday.

When I was younger, 20 plus years ago I worked in retail and this was standard practice.

Are you sure they don't mean he won't get paid the premium for bank holiday working?

Everyone is allowed to take up to 4 days off sick on a self certification basis, after which you need to get a note from the doctor.

Is his contract a zero hours contract? If it is then the employer can say that there is no work for him on Monday therefore no pay.

Is there anything else in the contract which indicates that the employer can pick which days he works?

If neither of these apply, he should call ACAS, contact Citizens Advice or discuss with a Union rep how to go about claiming this pay. His contract and/or staff handbook should set out the formal procedure to raise a grievance.

What does his contract say? Some employers won't pay anything for the first 3 days of sick leave - there are rules around SSP for this.

This is from GOV.UK:

You can get £94.25 a week Statutory Sick Pay (SSP) for up to 28 weeks.

The days you’re off sick when you normally would have worked are called ‘qualifying days’. If you’re eligible, you’ll get SSP for all your qualifying days, except for the first 3. These are called ‘waiting days’.

You only get paid for waiting days if you’ve already received SSP within the last 8 weeks, and that included a 3-day waiting period.

So if his employer doesn't pay company sick pay and only offers SSP, then it may be correct that he doesn't get anything if he's only off for a day or two.

Employees have a statutory right to 28 days leave inclusive of bank holidays.

What they are saying doesn't sound right to me, but I'd refer to his terms and conditions if employment.

However, bear in mind some small businesses without HR have incorrect things in their contract, so you should still seek advice, even if the contract says no BH pay if sick. It doesn't mean it's right, just because the contract says it.

I say the above having worked in HR for many years now. My organisation would never do this.

If working on BH attracts double time, then a company can refuse to allow an employee who was sick just before, to work and get double time.

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They can't take sick from annual leave although your husband could request it if he preferred not to have the sick day on record.
This wouldn't be allowed in my place of work. Annual leave should not be used to mask sickness.

Annual leave is also for rest and recuperation, so using it when sick doesn't fall in line with that.

I think this is standard practice.

Its amazing how many people get sick the day before holidays

It must ruin their holiday

I have worked in places where if you are sick the day before/after a bh you do not get paid the b/h unless you are covered by a note from your Dr. I presume its because plenty of people take the opportunity to have a long weekend away.