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I recently broke my leg and have been unable to carry out my full duties since. I am a surveyor and my job requires me to drive and climb ladders, which is clearly not possible at the moment. I informed my employer immediately and also advised them that I would like to continue working in order to continue earning a salary, albeit in a reduced capacity. My contract of employment entitles me to four weeks Company Sick Pay (at the company’s discretion). However, I felt that by volunteering to carry on working during these four weeks and for the foreseeable future that my company would look favourably upon me and continue to pay my full salary. I do have a medical certificate stating that I am able to work in a reduced capacity. My company are yet to inform me whether my salary will be affected, but have been providing me with work to carry out from home. My question is, can my company reduce my salary in line with my reduced duties? If so, do I have any say over this or do I simply have to take it on the chin? Also, after the four weeks could my employer then reduce my salary further by putting me on Statutory Sick Pay even though I am still working for them in some capacity?
So you are wondering if your pay can be reduced because your duties have been reduced whilst you have been recovering from your broken leg.
It appears you have a Statement of Fitness for Work, declaring you fit on lighter/amended duties.
A reasonable employer should ensure that they fully explore whether or not they can accommodate your role on reduced duties. If they really are unable to make any changes, then you would remain off sick (completely off sick) and be entitled to CSP and latterly SSP after four weeks.
If the employer is able to accommodate you then you are not off sick – you are working and as such should receive your salary as normal. If the doctor recommends reduced hours as part of the amendments of your role, then the employer is entitled to reduce your salary accordingly i.e. pro rata for the period you are working less hours. The argument here is that for rest of the time, you are not working, you should be paid CSP because you are unfit for the remainder of your duties/time.
After the four weeks, you would revert to SSP only for the days you do no work. On days that you do work, you receive pay for that period only.
*Emma O’Leary assisted in answering this question.