Is unpaid leave still legal?

[Paulzx]

So now the rules have changed this year, I need to clarify a few points with some of my workers - we tend to see with a couple of people in particular, a copy and paste situation where they go away for the weekend, take a holiday day to travel back, but don't make the next day to work either - and it's always the exact same excuse 'didn't get back until very late last night so will need to take a day'. Only now they throw in 'plus I've got a bug while I was away' which implies they are ill, but it's a mixed message obviously. We know this end that they're not ill, they've just left it late to travel and are too knackered to make it in to work.

So that would be unauthorised leave, which previously I would have done an unpaid day or made them use an extra holiday day. Problem now is, they are on the new minimum wage, and I don't think you can deduct any pay from there for non attendance? Plus the murky claim of illness, although I note said employee is coming in the following day so I know they weren't ill.

Where would such a situation leave me then in terms of the appropriate action? They have no accrued holiday to take an extra day. I don't think I can make it unpaid - so is my only choice now to do one day statutory sick pay?

Is it the case now then, that an employee on minimum wage can just not show up for work whenever they like, claim they are ill without any evidence, and get SSP?
A few years ago when they were supposed to get a doctors note for being ill to get SSP, nobody ever got that note (because they weren't really ill), but they don't need a doctors note now to get SSP do they?

 

[Newchodge]

So now the rules have changed this year, I need to clarify a few points with some of my workers - we tend to see with a couple of people in particular, a copy and paste situation where they go away for the weekend, take a holiday day to travel back, but don't make the next day to work either - and it's always the exact same excuse 'didn't get back until very late last night so will need to take a day'. Only now they throw in 'plus I've got a bug while I was away' which implies they are ill, but it's a mixed message obviously. We know this end that they're not ill, they've just left it late to travel and are too knackered to make it in to work.

So that would be unauthorised leave, which previously I would have done an unpaid day or made them use an extra holiday day. Problem now is, they are on the new minimum wage, and I don't think you can deduct any pay from there for non attendance? Plus the murky claim of illness, although I note said employee is coming in the following day so I know they weren't ill.

Where would such a situation leave me then in terms of the appropriate action? They have no accrued holiday to take an extra day. I don't think I can make it unpaid - so is my only choice now to do one day statutory sick pay?

Is it the case now then, that an employee on minimum wage can just not show up for work whenever they like, claim they are ill without any evidence, and get SSP?
A few years ago when they were supposed to get a doctors note for being ill to get SSP, nobody ever got that note (because they weren't really ill), but they don't need a doctors note now to get SSP do they?

Minimum wage relates to hours WORKED. If they don't attend and don't work their entitlement to NMW for that day (or those hours) is precisely £0.00. Or unpaid leave.

The harder part is when they give a mixed message about being ill. If they are ill they have the right to SSP. So you must clarify if they are taking an additional day's paid holiday (to come out of their entitlement), a day's unpaid leave or if they are too ill to work and will get SSP.

They do not have to produce evidence for the first 7 days of sickness absence, other than self certifying (as has been the case for many many years) and you cannot withhold SSP if you suspect the illness is not genuine. You need to use your sickness absence management procedure, which should include action to be taken if someone is off sick the day before or the day after annual leave.

Don't forget it is now a criminal offence not to record all periods of paid holiday and how the holiday pay was calculated.

 

[WaveJumper]

Can't add much to the above other than to say make sure you keep records of everything, ie return to work interviews, you can then soon build up a nice little records of those taking liberties.

 

[Paulzx]

Minimum wage relates to hours WORKED. If they don't attend and don't work their entitlement to NMW for that day (or those hours) is precisely £0.00. Or unpaid leave.

The harder part is when they give a mixed message about being ill. If they are ill they have the right to SSP. So you must clarify if they are taking an additional day's paid holiday (to come out of their entitlement), a day's unpaid leave or if they are too ill to work and will get SSP.

They do not have to produce evidence for the first 7 days of sickness absence, other than self certifying (as has been the case for many many years) and you cannot withhold SSP if you suspect the illness is not genuine. You need to use your sickness absence management procedure, which should include action to be taken if someone is off sick the day before or the day after annual leave.

Don't forget it is now a criminal offence not to record all periods of paid holiday and how the holiday pay was calculated.

Okay so in this case I think it will be unpaid leave, as the employee has come in today asking for it to be unpaid and not citing any kind of illness preventing him coming in. Thanks for clarifying those points, very helpful