Sickness Benefits and Employment Law: What are your rights?

Questioner

I am currently employed by my employer on a permanent basis on a 40-hour working week. A few months ago I called in sick. In the period before that we agreed that I would work 25 hours a week temporarily. This did not seem to improve the situation, so I reported sick. According to my contract I am entitled to 80% sickness benefits. My question is as follows: I believe that the sickness benefit is based on the agreements in my employment contract. My employer believes that this sickness benefit is based on the temporarily agreed 25-hour working week. What am I entitled to?

Lawyer

You are entitled to 80% of the number of hours that you should have worked. When you became ill, this was only 25 hours. As soon as the 'temporary' period is over, it will be 40 hours again. Apparently, 'temporary' was a period intended to prevent you from becoming ill (which in itself is a special arrangement). Then it can rightly be said that when you become ill, the 'temporary period' is over and that you are again entitled to 80% of 40 hours. If you cannot reach an agreement with your employer, I may be able to help you. In that case, please contact me immediately?