Changing shifts and sick pay

sparkler81

Hi all,

I work at Marks and Spencers, my manager asked me to change my normal working day (Saturday 9am-6pm) and come into today (Tuesday 9am-6pm). However, I developed flu like symptoms overnight and today I called in sick. I was told by the line manager that I spoke to that I would need to come back into the Saturday. They said that they would just get me out of today and make me work Saturday again, as in my contracted hours. However, I had already made prior arrangements and so refused to do so. They then said it would count as an unauthorised absence on the Saturday and so I would not be paid.

Are they allowed to do this? I did not ask for my hours to be changed to the Tuesday and now I am being penalised for being ill. What can I do about this?

Jarndyce

So you are being paid sick pay for the day you are off sick, and not being paid for the day you are refusing to work?

Your complaint is what, exactly?

sparkler81

Sorry I may have written it unclearly. Basically, I am not being paid for being sick today because it is not my contracted day. Even though I am sick today. I was told that they would just change my shift from today to Saturday, as it should have been. However, I had already made prior engagements for the Saturday and so refused to work it. So therefore, I won't be paid for today/Saturday.

scooby088

well you haven't worked so you wont be paid, can't you cancel saturday?

Jarndyce

sparkler81 wrote: »

Sorry I may have written it unclearly. Basically, I am not being paid for being sick today because it is not my contracted day. Even though I am sick today. I was told that they would just change my shift from today to Saturday, as it should have been. However, I had already made prior engagements for the Saturday and so refused to work it. So therefore, I won't be paid for today/Saturday.

Ok, now that you have edited your original post my question in post 2 looks silly! You originally said you were being paid sick pay today, now you are saying you are not. That is a bit more than just writing it unclearly!

Sounds like if you were contracted to work today and if you are normally entitled to be paid sick pay, and the request to change days was at the emlpoyer's initiative, then you should in theory be entitled to the sick pay and be entitled to refuse to cooperate with the employers suggestion to change days back to avoid paying you sick pay for today. However in my experience M & S HR people usually know what they're doing, so there may be more to it.

I would write/email saying you can't work Saturday at such short notice as you have made arrangements after they asked you to change days and you agreed, so can they stick to the original arrangement and pay you sick pay for today instead, and see what they say.