Where do i stand?

Iceman

Iceman

Iceman

Soldato
Joined
6 Mar 2004
Posts
2,784
Location
North Wales (Flintshire)
Hi all just after a bit of advice about work. First off about 3/4 months ago i found a lump just below my stomach, after going to the doctors and the hospital i was told its a hernia. This can be sorted with an operation, great explained everything to work, also asked would i be getting paid (the company doesn't normally pay sick). So i asked the assistant manager as our normal manager was also off on long term sick. I was told by assistant manager that he would be willing to pay me and that the decision is down to his discretion. Now the main boss is back and said he would honour what was agreed. After a few cancelled operation dates ETC i have had my operation and im now signed off on the sick. Got paid (sort of) yesterday and popped in today to hand in my latest sick note and collect my payslip. Now when i opened my payslip i find i have been paid my bonus and my overtime, but i have had £1100 of my normal hours pay taken away from me i have had £190 of SSP paid.
Now while i was there i spoke to the site manager (cant authorise nothing has to go higher so this was pointless) He didn't really give me any answers about why i have not been paid but would ask the questions. Was told i was going to get contacted today but still not heard nothing. What im wondering is where i stand with not being paid?
Im a mechanic i work on vans more so than cars and the doctors ETC are almost certain this has been caused by lifting heavy things in work IE engines and gearboxes, but they cant guarantee this.
Basically just after some advice as what i can do if anything?


Thanks
 
CAB - You can't just threaten your employers, that's an easy way to get sacked. It's unlikely you can get them blamed for your hernia though due to the type or work you do. Sometimes nobody is to blame.

CAB should be your first port of call though.
 
You cant prove the hernia is related to work, it can be cause by any number of things and whilst lifting is a major cause it could have been picking up a coin from the floor!!!

The only claim you would have is if your employer didnt provide adequate equipment for lifting gearboxes etc. but as any professional garage will have these i doubt there is a case.

As far as pay goes, its in your contract they dont pay sick, perfectly legal so anything you have got over SSP is a bonus.
 
The thing is you cant use anything to lift a gearbox out of a transit. It has to be done by hand. Also when we are moving gearboxes around it is all done by hand. There are no stands for the gearboxes when were taking them apart either.

Does them saying they would pay me mean nothing?
 
Not really, the word of a manager who may or may not actually have authority isnt really anything to go on. You can speak to your senior manager about it, approach them openly and calmly and you may get somewhere.

Good luck.
 
Unless you had it in writing I think you don't have much to stand on, unfortunately. Their only obligation is what is in your contract which is probably SSP and, maybe if they are a nice company, some added on top of that out of courtesy.

Have a one-to-one word with the main boss first though, it might just have been a mistake by whoever handles the payroll.
 
You wont be able to claim any money for been hurt, Where i work they have trained us how to lift right and not to lift anything 20kgs+ or anything your not happy doing.

If i get hurt lifting things they will just blame me for trying to lift without help ect
 
Jonny69 said:
Unless you had it in writing I think you don't have much to stand on, unfortunately. Their only obligation is what is in your contract which is probably SSP and, maybe if they are a nice company, some added on top of that out of courtesy.

Have a one-to-one word with the main boss first though, it might just have been a mistake by whoever handles the payroll.
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The guy who agreed it was in work today when i popped in and he said he would stand by what he said, He is going to have a word with the Dealer Principle and see what the score is.

I have also got an appointment with the CAB for a week on monday.


D18241 said:
You wont be able to claim any money for been hurt, Where i work they have trained us how to lift right and not to lift anything 20kgs+ or anything your not happy doing.

If i get hurt lifting things they will just blame me for trying to lift without help ect
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But this is where our company is different, were lifting 40Kg gearboxes from head height between two of us, If we complain were told your paid to do it now get on with your job.
 
Iceman said:
But this is where our company is different, were lifting 40Kg gearboxes from head height between two of us, If we complain were told your paid to do it now get on with your job.
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You have a manual job, it's worth speaking to the CAB but it's unlikely because of the job you have that you've got a leg to stand on. Chances are that it's just a mix up between your boss and HR though.

Incidentally 40KG isn't a huge amount between two, pretty sure the limit in my company is 25Kg per person from floor to chest height, over that we MUST have two people to do it and it's up to us if we want to attempt any lift (so the onus is on us to watch our health.)
 
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Iceman said:
But this is where our company is different, were lifting 40Kg gearboxes from head height between two of us, If we complain were told your paid to do it now get on with your job.
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Oh noes! Your job of lifting things gave you injuries relating to lifting things, you're definitely entitled to claim!

Seriously?
 
Hey,

40KG gearboxes between two is hardly considered to be too much. If it was one of you, fair enough. I think you'll be lucky to get much out of this. I've had a hernia operation too btw, I only got ssp, and was perfectly happy with that.
 
If you've got a verbal agreement, then it stands and is enforceable as a one-off bilateral variation of contract or a waiver of the employer by the employer of its rights under the existing contract not to pay sick leave.

It's probably a simple misunderstanding and talking to the bosses should sort it for you with a ny luck.
 
Deadbeat said:
Oh noes! Your job of lifting things gave you injuries relating to lifting things, you're definitely entitled to claim!

Seriously?
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Not as straight cut as that is it? People who type all day can get claims for RSI.
Smart arse aint ya?? Not on about a claim i just want my wages.
 
AtticusFinch said:
If you've got a verbal agreement, then it stands and is enforceable as a one-off bilateral variation of contract or a waiver of the employer by the employer of its rights under the existing contract not to pay sick leave.

It's probably a simple misunderstanding and talking to the bosses should sort it for you with a ny luck.
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Only if you can prove it though? I'm not totally sure so I'm asking a question rather than stating anything just incase it comes across wrong
 
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