The Advice Line case file

• A woman phoned the adviceline. Her husband had bronchitis and his GP had issued him with a sicknote. He still went to work because he could not afford to lose his wages. Under Statutory Sick Pay rules, no SSP is paid for the first three days off sick ("waiting days").
  
  We advised him to check to see whether he was entitled to sick pay under his contract, or whether there was any precedent for other employees being paid in such circumstances.
  
  Many employers do not provide contractual sick pay, however, which leaves those workers who do not qualify for SSP particularly vulnerable.
  
  
• THe father of a woman working as a pre-school play group assistant telephoned because her employers were about to impose a new contract of employment, altering her hours of work and notice period.
  
  Although the new terms and conditions were clearly different from those in her original contract, she could not claim unfair dismissal as she had worked there for less than a year.
  
  Even if she brought a claim for breach of contract, she would be unlikely to receive anything other than pay for the notice period.
  This case illustrates how employees with less than a year's service often have little choice but to accept treatment amounting to breach of contract.
  
  
• A part-time driver asked if he was entitled to paid annual leave. We advised him that although most workers now qualify for four weeks under the Working Time Regulations, mobile workers in the transport sector are not covered. For the time being he would have to rely on any contractual right to paid holiday, which could mean he gets nothing.
  
  This situation should improve in future as the government is due to bring in legislation by August 2003 which will grant them the same right to paid holidays as that enjoyed by other workers.

© The New Review Nov/Dec 2001