Q: I took seven days off work as I had an infection and my employer won’t give me sick pay. I usually work 21 hours in a warehouse but I’m on a flexible contract so my shifts move around. I called in sick and they took me off the rota for a couple of weeks, and are saying that I won’t be paid. Is this right?

A: Whatever your contract type, you’re entitled to sick pay if you meet certain rules around the length of your illness and your usual pay.

Statutory sick pay is paid from the fourth day you would usually be working that you’re off sick. You need to earn an average of £116.00 a week or more before tax. If your earnings fluctuate from week to week you work out the average by looking back over a period of at least eight weeks before you fell ill. You also have to report your sickness according to your workplace rules like phoning in or filling in a form.

If you’d already agreed to those working hours before you took time off for illness, your employer removing you from the rota doesn’t change your rights - you’re still entitled to sick pay. Your employer may not be aware of their responsibilities, or they may even be trying to avoid paying.

The first step is to ask your employer to fill in the government Statutory Sick Pay form (SSP1) explaining their reasons for not paying you.

Once it’s filled in, you can phone HM Revenue & Customs Statutory Payments Dispute team on 03000 560 630 for advice. They’ll clarify whether you’re entitled and if you are, make sure you’re paid.

If your employer won’t fill in the form, contact HMRC, who have a legal duty to solve issues around sick pay.

For further help and advice, contact your local Citizens Advice.office or phone the Essex Adviceline on 03444 770 808.