Could this be breach of contract

[lostfaith]

Hello

 

Someone I know sadly does not work in a union he has been employed six years

 

I have been asked to find out, he did not get his basic pay due to being off work sick with stress from personal issues but he did get a bonus and sick pay and they were aware of his depression. He was just wondering as they did not pay his basic pay would that be breach of contract? He made his employer aware he had depression in 2012 the pay was not paid in November 2011

 

He is asking should he miss employment claim just out of interest, if breach of contract, can he issue six year route at civil court

He's hoping he will not but thought he would check if I can for him

 

Thanks

[ericsbrother]

What does his contract of employment say about pay whilst off sick? If he gets paid an hourly rate plus commission then this is quite normal, getting SSP and bonuses (because they will be from the previous month) but not being paid for absence.

[Emmzzi]

depression is not neccessarily a disability and even if it were, there is no right to full pay. he needs to check the terms of his contract regarding sick pay. Doesn;t sound like any kind of breach to me.

[lostfaith]

aah thought self employment would be issue for him I will double check all this for you

[Emmzzi]

he's self employed? where did you say that?

 

I think you need to give us more background

[lostfaith]

I'll check his contract and things next week but thanks. I am sorry I could not provide much information now he has confused me too but can he bring a further claim for anything in the six year route via county court if anything missed in employment tribunal?

[ericsbrother]

Sorry, your postings are becoming more confusing. The assumption was that he worked for a someone and was off ill and was he entitled to his pay? As said, that would depend on his work contract but if he is on a zero hours contract or employed as a self-employed subcontractor then the answer will always be no. If he is a self-employed contractor it would be worth having his contract reviewed by someone with knowledge of employment law because there are many hoops that must be jumped through to show that someone doing a job at a fixed premises owned by the employer is self-employment and not properly employment (many companies do this wrongly for tax reasons/avoidance of permanency of post).

[Emmzzi]

get your friend to post here himself, it'll be less confusing all round