9. Pay, repayment clauses and other deductions
Statutory sick pay( SSP) entitlements
Statutory sick pay is another basic right that some migrant workers are denied. Employers must pay SSP from the fourth consecutive day of illness if the worker meets eligibility criteria. It is unlawful to withhold it based on visa status or informal contracts. In health and care settings, forcing workers to continue working while unwell not only risks their health but may breach health and safety laws. Reps should check whether SSP has been paid, whether sick notes or self-certification were accepted, and whether pressure was placed on workers to work through illness.
“ They’ ve got no pension, no sick pay, and sometimes no pay at all.” – UNISON caseworker
Practical guidance for dealing with pay issues
If an employer has failed to pay a worker, or paid them less than they are entitled to, they may have a claim for an unlawful deduction of wages under the Employment Rights Act 1996. The deduction will be unlawful if any of the following applies:
• it is not required or authorised by legislation;
• it was not authorised in their contract of employment;
• it was not consented to in writing before it was taken.
There are some limited exceptions where a deduction will be lawful, such as if they were previously overpaid or where they have taken part in a strike or industrial action.
Reps and caseworkers should begin by asking the member about their rate of pay, whether they are paid for all hours worked( including travel and training), and whether any deductions are being made. It’ s essential to compare what the worker has been told they will receive with what they actually do receive. Key questions include:
• Is the base rate in line with the National Minimum Wage or National Living Wage?
• Are travel, waiting, or training hours paid? Advise them to use a log( see page 45).
• Are there deductions – and if so, are they lawful and transparent?
• Have they received SSP?
Reps should also:
• Review any payslips, contracts, rotas, or written agreements
• Encourage the worker to keep detailed records of hours and pay
• Raise concerns informally if the worker feels safe to do so
• Support the submission of a grievance or referral to HMRC if needed
• Consider legal advice or a tribunal claim where deductions are serious or ongoing.
48 LRD • Supporting migrant workers