Friend has not been paid - full time contract
Discussion
Friend is employed by a nationwide food retailer. She is on a 22 hours a week contract of employment. Excellent employment record, no conduct issues etc.
She had to take 6 weeks off for a planned operation. She was signed off by her doctor and received SSP for that 6 week duration. She was then due to return to work but the employer wanted to do an occupational health review. Their occ health rep has been off sick, so it's taken nearly 2 months before seeing occ health. During this time she was not allocated any shifts to work (despite asking frequently / chasing for shifts etc).
For the 2 months she was waiting for their occ health to speak to her, she has not been paid. The company position seems to be "no work=no pay", but she is NOT on a zero-hours contract. She has been fully available for work and the occ health delay has been outside her control. She has done everything in her power to get shifts. Her employment contract clearly states "employed for a minimum of 22 hours a week".
What should she do?
TIA
She had to take 6 weeks off for a planned operation. She was signed off by her doctor and received SSP for that 6 week duration. She was then due to return to work but the employer wanted to do an occupational health review. Their occ health rep has been off sick, so it's taken nearly 2 months before seeing occ health. During this time she was not allocated any shifts to work (despite asking frequently / chasing for shifts etc).
For the 2 months she was waiting for their occ health to speak to her, she has not been paid. The company position seems to be "no work=no pay", but she is NOT on a zero-hours contract. She has been fully available for work and the occ health delay has been outside her control. She has done everything in her power to get shifts. Her employment contract clearly states "employed for a minimum of 22 hours a week".
What should she do?
TIA
It was actually closer to 6 weeks. It's a joint account with a lot going in and out (and far higher values than her salary) so it went unnoticed for 6 weeks.
Question is, under the circumstances (and please, take a "leap of faith" that there really isn't any more to it than above), is the employer legally obliged to pay her hours even though she hasn't been given any shifts?
Question is, under the circumstances (and please, take a "leap of faith" that there really isn't any more to it than above), is the employer legally obliged to pay her hours even though she hasn't been given any shifts?
On the face of it she should be paid. She is available for work and is ‘contracted’ to 22hrs.
The nuance is in the details of her employment contract and the employers absence policy, which I obviously haven’t seen
Her GP can provide a Fit Note. They are no longer Sick Notes that can tell her employer that she is fit and what if any physical restrictions she has.
As ever in these cases a conversation (in writing if needed) with the employer is needed. stating she has been fit for work for x weeks as notified on y date and querying why she hasn’t a)been paid, b) allocated any shifts.
The nuance is in the details of her employment contract and the employers absence policy, which I obviously haven’t seen
Her GP can provide a Fit Note. They are no longer Sick Notes that can tell her employer that she is fit and what if any physical restrictions she has.
As ever in these cases a conversation (in writing if needed) with the employer is needed. stating she has been fit for work for x weeks as notified on y date and querying why she hasn’t a)been paid, b) allocated any shifts.
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