Bit of a Situation with my work. Any Advice?

JoeF1

JoeF1

JoeF1

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Going to try to keep a long story short for you all.

So, i work for this scaffolding company in the yard. I get equipment ready etc and/also deliver to sites where i unload.

I recently had mumps which has lead to my kidneys start to fail and this caused me to lose a lot of weight. I was 18 stone and now 12. With this i lost a lot of my strength and have been told that it would take a good 6 months to get my strength back.

I had a month off work with full pay then the boss said i could just sit in the office and carry out light dutys and basically office jobs. This lasted two weeks which then he sat me down (this friday) and told me i have to actually go on the sick because his co-director (who hasnt liked me from day one) thinks its a waste of money me being there or find a new job :(

Firstly, will i be able to go on the sick while i look for other jobs as iv already been back to work? I dont want to be a benefit cheat or whatnot? or do i just go on the dole?

This is first time i have even thought about claiming from the government so i apologise for my naiveness.

I dont really want to ask what im owed because i though it was very generous of them to pay me a months way while i was in bed for a month.

Thanks.
 
If you go "on the sick" it is your employer that pays you, not the government. The amount you get paid is between SSP (statuatory sick pay, which is £85.85 per week) and your full salary - some employers pay full salary, others don't. Given the industry you work in, I'd imagine you only qualify for SSP.

Have a look at https://www.gov.uk/statutory-sick-pay-ssp/eligibility

The amount they are owe you will be determined by your contract of employment.
 
If you're getting stronger and are over the illness, surely it would be best to carry on, may be ask your boss if there is anything else you can do.
 
The company can't force you to go on the sick, however if the doctor has said you should be on light duties and there are no light duties available within the business (they have no obligation to "create" a job involving light duties just for you) then you are by definition not fit for work as you aren't able to undertake your normal job therefore you should be off sick.
 
Ascendancy said:
How long have you worked there?
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Just under 4 years mate.

jamief said:
If you go "on the sick" it is your employer that pays you, not the government. The amount you get paid is between SSP (statuatory sick pay, which is £85.85 per week) and your full salary - some employers pay full salary, others don't. Given the industry you work in, I'd imagine you only qualify for SSP.

Have a look at https://www.gov.uk/statutory-sick-pay-ssp/eligibility

The amount they are owe you will be determined by your contract of employment.
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Thanks a lot will check that out!

Slam62 said:
If you're getting stronger and are over the illness, surely it would be best to carry on, may be ask your boss if there is anything else you can do.
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The illness is still there, i cant lift anything. I pretty much suck at the job at the minute.

Thanks everyone for your advice. Cleared things up for me.
 
booyaka said:
What does you contract say you are entitled to with regards sick pay?
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This is the best bit. The manager is that stupid none of us have a written contract... Abit of a shambles place to work really. But its work.
 
Spit said:
But surely if there is no written contract that will be better for you?
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why? If there is nothing in writing, it would be difficult for the individual to claim any form of sick pay or alike.

Nothing at OP but it still amazes me in this day and age how many people work and have NOTHING in terms of a written contract.:eek:
 
booyaka said:
why? If there is nothing in writing, it would be difficult for the individual to claim any form of sick pay or alike.

Nothing at OP but it still amazes me in this day and age how many people work and have NOTHING in terms of a written contract.:eek:
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100% agree.
 
booyaka said:
why? If there is nothing in writing, it would be difficult for the individual to claim any form of sick pay or alike.

Nothing at OP but it still amazes me in this day and age how many people work and have NOTHING in terms of a written contract.:eek:
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But also technically mean they can't discipline him or ever sack him!

TBH not having a contract is always more beneficial for the employee. Also it's an instant win at Tribunal and a set amount of award (can't remember how much)
 
Greebo said:
But also technically mean they can't discipline him or ever sack him!

TBH not having a contract is always more beneficial for the employee. Also it's an instant win at Tribunal and a set amount of award (can't remember how much)
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This!
 
Greebo said:
But also technically mean they can't discipline him or ever sack him!

TBH not having a contract is always more beneficial for the employee. Also it's an instant win at Tribunal and a set amount of award (can't remember how much)
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Will most definatly remember this!
 
Greebo said:
But also technically mean they can't discipline him or ever sack him!

TBH not having a contract is always more beneficial for the employee. Also it's an instant win at Tribunal and a set amount of award (can't remember how much)
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That's not true - it'd just default to the ACAS code of practice.

http://www.acas.org.uk/index.aspx?articleid=1774

Regards not having a tribunal - it's not an instant win if you don't have a contract, it's an instant win if you request one and they don't or refuse to provide one - slight difference.
 
amigafan2003 said:
That's not true - it'd just default to the ACAS code of practice.

http://www.acas.org.uk/index.aspx?articleid=1774

Regards not having a tribunal - it's not an instant win if you don't have a contract, it's an instant win if you request one and they don't or refuse to provide one - slight difference.
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I've always thought it was an instant win of two weeks wages if you didn't have written terms of your employment? Most employers cover this by issuing a contract of employment but a letter detailing the terms of their employemnt suffices. Note that you can only claim if you are claiming for something else eg unfair dismissal.

Under section 1 of the Employment Rights Act 1996 (ERA 1996), employers must provide employees whose employment is to continue for more than one month with a written statement of certain terms of their employment. If there is any change to any of the required statutory particulars of employment, the employer must give the employee a written statement containing details of the change at the earliest opportunity and, in any event, no later than one month after the change (section 4, ERA 1996). See Standard document, Section 1 statement of terms of employment (www.practicallaw.com/2-200-2039) for a template statement of terms.

An employee can only claim for a breach of these rights where they also have a successful substantive claim of a type specified in Schedule 5 to the Employment Act 2002 (EA 2002) (which includes, for example, claims for inducements relating to union membership or activities and collective bargaining, unfair dismissal, unlawful deductions from wages and breach of contract). Where one of the claims specified in Schedule 5 is successful, and at the time the claim was brought the employer was in breach of their duties under sections 1 or 4 of the ERA 1996, the tribunal must make an award equivalent to two weeks' pay. Alternatively, if the tribunal considers it is just and equitable to do so, it can make an award equivalent to four weeks' pay (section 38, EA 2002). In the case of either award, the amount is subject to the statutory limit on a week's pay (www.practicallaw.com/9-200-3634) (for which, see Week's pay).
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Of course a company not given an employee written terms or a contract of employment makes if very difficult for a company as the employee is only subject to basic rules and hence can be disciplined for something specific. For example, without written terms or contract stating your start time, how can you be disciplined for being late?
 
Bit of an update for you all.

Right so im still in ' talks' regarding getting my last wage etc.

Looking on direct gov and confirming with my old accounts team i am owed a full months wage because i was salaried, 9 days SSP and 20 days worth of holidays as i never took any.

Although i now have the Director saying im entitled to nothing since i started another job. All this just because i went on the job hunt so i wouldnt have to go on benefits....

Will keep you updated.
 
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