Sick pay when Casual employee

[LittlePickleHead]

I am a casual employee for a large organisation, and for the last year I have been working 3 regular days (with some extra shifts) in a role that is essential to the company (i.e. they would be screwed if I decided not to turn up any more even though I'm well within my rights to leave without notice).

I log my own shifts each time I work and also log my own holiday etc.

I have developed some kind of throat virus over the weekend, and yesterday had completely lost my voice. I went to work as I thought perhaps it would sort itself out as the day went on (I'd been coughing all weekend but could speak fine) but after a couple of hours trying to speak was making me worse and I was feeling terrible so I went home. My voice still hasn't returned and I am really stressing about my next shift. A large part of my job involves being on the phone, so I really can't do it with my voice as it is.

Am I entitled to be paid for being sick? I want to speak to my line manager but I'd really like to know where I stand legally first. I still have to pay for childcare if I don't go in, so not getting paid for a day (or more) really hits hard financially. I work my arse off for the company but there is a freeze on taking on any more permanent employees so I am stuck as a casual with no benefits for the time being. After a year of being totally dependable, it seems very unfair that I wouldn't be entitled to any sick pay at all.

All I can find about online is SSP which kicks in after 4 days, although it does seem like I would be entitled to this. Anyone have any idea? Would I be within my rights to log the shifts I was off sick for?

The law provides for ssp only (for those eligible).

How hard you work has nothing to do with it I'm afraid. Some companies offer enhanced sick pay but it's up to each company, not the law.

It would be fraud to say you worked when you didn't, and very risky.

OK fair enough hairy that is why I am checking! I wouldn't have done it but just wanted to be aware of my righs in the situation.

So it is standard to not be paid for the first few days sick and then SSP kicks in, and anything extra is up to the employer? I've only ever been an employee before so it's never really come up (plus I'm very rarely ill). Is it fair to say that although I am classed as a casual I am actually an employee because I have been there for more than 12 months and I work regular shifts which I am expected to turn up for and have to book off as holiday if I do not? Does this is any way qualify me for the same rights as an employee (who would be entitled to be paid for sick days before SSP kicked in)?

I'm finding it all very confusing as it seems that because of the way I am paid I have less rights than someone doing exactly the same job as me on a contract.

I guess I'll just go in then regardless and hope they don't send me home...

Yes, thats fairly standard practice.

I don't know the situation with regards to arguing your case and fitting into the employee of 'employee' but my gut tells me unlikely (and you'd have to probably fight your case - you don't want to go to tribunal over something as small as this though, presumably).

You are basically on a temp contract, but I do think employment rights may come in to play when you've been on a temp contract for a while... however, enhanced terms and conditions may not come in to play.

It's important to make the difference between 'rights' and 'terms'.

Your 'rights' are what are afforded to law, your 'terms' are what an employer offers (within employment law and over and above what is provided for in the law eg: extra holidays for time served, enhanced sick or maternity pay)

Are you actually employed by the company or via an agency? Who pays your wages?

Who ever employs you should have given you, in writing, the terms & conditions of your employment with 8 weeks of starting. Among other things this must include information on sick pay.

It's irrelevant that you, or they, have labeled you "casual". You are an employee the moment you work for an employer.

Employees can be permanent or temp. Someone automatically become a permanent employee if they have worked for an employer for more than 4 years on a series of consecutive temporary contracts unless there is good reason why not.

Companies offer very different sick terms. Some only pay SSP, others offer everyone full sick pay from day 1.

Go ask for your contract explaining your t&c!

How you are paid is really irrelevant to your employmnet status. Sounds as though you are employed, either by the employer direct or by an agency.

You say an employee 'would be entitled to be paid for sick days before SSP kicked in' - do you know that for sure? Have you seen an employee's contract/the sickness absence policy?

Hi I've just seen this - I'm pretty sure I haven't been given any t&cs at all? I am paid directly by the company, never been involved with an agency.

Can I just clarify - even though I am a casual (or temp contract?) I should have a contract which explains all of this? What if I don't have one?!

Yes you should have a contract, and if you don't have one, ask for one straightaway. This is a large organisation you said? So not some clueless tiny employer. You could contact HR and say you've been working for them continuously for a year and have yet to receive any kind of contract, can they please address the situation asap.

How do you know others get sick pay?