Sick Pay for Temporary Staff

[demos300]

Hi People,

 

I have been on the NHS temporary staffing for over 4 years and working full time during this time for 37.5 hours each week. I understand that I should have the same rights as a full time employee now since I have been on the temp bank for this long.

 

I have been sick for 3 days over Christmas with the flu and I have been told that i am not entitled to any sick pay as I am only entitled to SSP if I have been sick for 4 or more days and because I am a temporary worker I am do not qualify for occupational sick pay.

 

Is this correct and legal???

[renegadeimp]

How can you be temp when you've worked 37.5 every week for 4 years.

[Emmzzi]

what does your union rep say...?

[demos300]

How can you be temp when you've worked 37.5 every week for 4 years.

 

 

This is why I am posting this here. They still have not made me permanant in all this time and I am now losing 3 days pay because I was sick for 3 days for the first time in those 4 years. I have actually been working for almost 6 years but the first 2 years I was a contracter with an agency before joining thier temporary staffing bank.

[becky2585]

The law states that you will become a permanent employee after four years successive work, unless the enployer can objectively justify a decision to retain you on a fixed term basis.

 

Unfortunately, however, the regulations do not entitle you to the same terms and conditions after you reach four years. The law only affects the duration of the contracr and states that any clause relating to a fixed term shall no longer have effect.

 

Of course most employers would send out a statement of variation reflecting the permanency after four years. As they have failed to do so, it may be worth writing to them and requesting a statement of variation and confirmation that you will have comparable terms to other employees - but there's no right to the same terms and conditions in law. They have to reply to you within 21 days.

 

You could arguably have complained about less favourable treatment as a fixed term employee regarding sick pay, but im not sure whether that would wash!

[zippygbr]

How can you be temp when you've worked 37.5 every week for 4 years.

 

 

probably because the OP has a zero hours contract and is employed by NHSP or a trust's pool / bank .

[zippygbr]

This is why I am posting this here. They still have not made me permanant in all this time and I am now losing 3 days pay because I was sick for 3 days for the first time in those 4 years. I have actually been working for almost 6 years but the first 2 years I was a contracter with an agency before joining thier temporary staffing bank.

 

have you actually applied for a role ?