Sick pay? My foot!

Q. I've worked for my present employers for the last 10 months. I had an accident at work and had to take two weeks off with a foot injury. The firm is saying I'm only entitled to statutory sick pay during this time, since my contract states that you don't get company sick pay until you've worked for them for 12 months. I would have thought an accident at work would be covered under their insurance.

A. The firm's insurance would cover it if it were to blame for your accident in some way and you were able bring a successful claim for compensation. Part of that compensation would be for loss of earnings. The fact that you hurt your foot at work doesn't mean your employer has to pay you full wages while off. You may be interested to know that your employer is being more generous than most in offering you company sick pay after 12 months.

Asked to move

Q. We work for a warehouse and distribution company but we've lost a lot of business and we've now been told that we have to work for what used to be our main client. There's been no mention of redundancy. Unfortunately the new company is in the next town, while our current employer is within walking distance. Can you advise us of our rights?

A. This is quite a complex situation and I need more information in order to give a full response. It's not clear whether you are being made redundant or you are being "seconded", or whether your contract is being transferred to a new employer under the Transfer of Undertakings (Protection of Employees) Regulations. As the work you are being asked to do is in the next town, any mobility clause in your contract of employment will come under close scrutiny regardless of which of the above applies. Seek advice quickly from a specialist employment lawyer.

Contributing more

Q. I work for a company where I do two jobs, one as an unpaid director and the other as a salesperson. At the end of the financial year, three times the normal amount of national insurance contributions were deducted from my wages. Does my boss have the legal right to do this?

A. It's your employer's legal responsibility to deduct national insurance contributions from your wages and pay them to HMRC. Class 1 contributions (for employees) are a set percentage of your wages. Your job as an unpaid director is presumably a director of the Board and as such is not as an employee, so Class 1 NI contributions are not applicable (and you receive no pay for this work). You should ask your wages department to explain the deductions and claim a refund if you've paid too much.

Karen Bussell is an employment specialist in the commercial team at Nash & Co Solicitors LLP, Beaumont House, Beaumont Park, Plymouth. Tel 01752 664444 or email law@nash.co.uk Website: www.nash.co.uk If you have a legal problem, write to You and the Law, Room 101, Western Morning News, Brest Road, Derriford Business Park, Plymouth, Devon PL6 5AA, or leave your query on our Legal Adviceline 0117 964 4794.