Sick Pay

When you are unable to work through sickness, the last thing you need is further stress and worry caused by uncertainty regarding your employment.

There are three particular areas of employment law which offer you protection:

  • Your employer has a legal obligation to protect you when you return to work from sickness (under The Health and Safety at Work Act 1974) if you are more vulnerable to risk because of injury, illness or disability.
  • Your employer has a duty to make reasonable adjustments if your illness or injury constitutes a disability (under the Equality Act 2010) and they must not treat you less favourably than other employees.
  • If you feel you are under threat of dismissal because of your sickness record, your employer must use a fair procedure.

There is no statutory right to receive pay at your normal rate when you are off work through sickness or injury. Your employer has the option to pay you all, or part, of your salary for a certain amount of time if they choose. Ideally this should be explained in your contract of employment. The amount of paid time-off for sickness may be linked to length of service or other factors. Your employer is also within their rights to make decisions on a case by case basis. If there is no contractual right to sick pay you will, if you qualify, receive Statutory Sick Pay.

For the first seven days of any sickness absence you can self-certificate and your employer has no right to ask for formal medical evidence during that period. If you are off work for longer than seven days then you do have to provide a medical certificate. In the event of a possible long-term sickness absence, or repeated short term absences, your employer can ask you to undergo an independent medical examination.

How we can help

In cases of long-term absence, or frequent short-term absences, your employer may decide to take disciplinary action. If they do decide to take this route, or if you have any other concerns about your rights concerning sickness absence, talk to Else Solicitors. We can advise you whether or not your employer’s behaviour is fair and reasonable in the eyes of the law and whether you are being discriminated against.

Our team has many years of experience in employment law, from the point of view of employers and employees, making us ideally placed to help you with any fears or worries. We can offer an initial, free consultation to listen to your concerns and advise you of your options.

For more information on how we can help, please contact Stephen Stewart on 01283 526200 or email

Employment Contracts

Your contract of employment is one of the most important documents you will ever sign.

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In the current financial climate redundancies are a common occurrence.

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Sick Pay

When you are unable to work through sickness, the last thing you need is further stress regarding your employment.

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Constructive Dismissal & Unfair Dismissal

The threat of dismissal from work is a very real one for many people.

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Employment Tribunal Solicitors

Employment Tribunals are independent bodies who can pass legally-binding judgements.

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Holiday Entitlement & Equal Pay Claims

There are a wide range of rights attaching to payments due from employers in the course of employment, both statutory and contractual.

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Bullying In The Workplace, Discrimination & Harassment

Employees are protected under UK legislation from being discriminated against on the grounds of their race, religion or belief, age, gender, disability or sexual orientation.

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What Happens When Your Employer Is Insolvent?

If the company you work for hits hard financial times, is unable to pay its debts and is legally insolvent, you may be entitled to compensation.

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Disciplinary & Grievance Procedure

The Advisory, Conciliation and Arbitration Service (ACAS) has a code of practice for both disciplinary and grievance procedures – but it is not legally-binding, so employers can adopt their own policies on how to handle these matters.

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What Happens When The Company You Work For Is Sold?

If the company you work for is sold, your employment rights should usually be protected under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

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Steve joined Else after spending over 20 years in law practices in Worcestershire and the West Midlands specialising in dispute resolution particularly High Court litigation.

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Stephen Stewart

Dispute Resolution Solicitor

How can we help?

Get in touch.

Else have a team of experienced employment solicitors, in Burton on Trent, that focus firmly on preventing disputes from occurring.

If you would like more information from our employment solicitors in Burton on Trent please call 01283 526200. Alternatively, you can send us a message and we will get in touch at a time that suits you.