Hi

I work for a social care company. I have worked with them for 12 months as casual agency staff where I just took the hours they gave me, no work = no pay, no sick pay etc. In February my father died and I had to take care off his affairs, I was off work for 4 weeks. On my return to work they offered me a 6 month set term part time contract (classed as a probationary contract) which I have signed and the HR manager signed, this was due to start in a couple of week while I continued to work on the agency side. 2 days ago I fell at home and broke my ankle and am in plaster estimated to be off 6-8 weeks. I am not entitled to sick pay from work and presume I have to go down the DWP route, However, I am worried that they may see me as a liability and will want to withdraw the contract, sort of sack me before I start so to speak. Can anyone tell me the legalities of this please. Also I would be grateful for any info regarding sick pay entitlement from DWP and support for paying rent over the 6-8 week period. I am living with my unemployed partner who lost his JSA when I started work so I have been responsible for all household bills etc.

Many thanks

Hello and welcome to CAG. I expect the forum guys will be along later with advice for you.

Is the injury anything to do with your work please?

For your benefit entitlement queries, it would be better to start a separate thread on our benefits forum and ask the relevant questions there.

My best, HB

They could withdraw the offer but a good and compassionate employer may just wait until you are fit for work, if the post needs filling quickly (according to them) they could employ someone else, as you indicate the use of casual agency staff this means they may well be able to cover it and as you have gone from agency to employed (nearly) they must think well of you.

It's up to you but what will you lose by asking at this point other than sleepless nights fretting and waiting, if they are going to remove the offer they are going to remove the offer, i'd rather know now than wait and get the news later but that's just me

Hi no the injury was at home, nothing to do with work

Hi, well they arent short of casual staff who would fill the position until I returned. I'm just worried that they will think goodness this woman has had two lengthy periods of time off within a few months. Your right about being straight up and asking if they are going to withdraw the contract. I suppose I was just hoping someone would tell me they couldnt withdraw a contract that has signatures, albeit there will be a later start than stated in the contract. I suppose being unable to start on the date given 'frustrates' the contract. Thanks for taking time to respond, much appreciated.

There are potentially a couple of potentially fair means by which they can not so much withdraw the contract, but terminate your employment, however communication may well be the key here, as suggested earlier. Speak to them, so that they are aware of your desire to resume work as soon as possible and your frustration that the injury has prevented you from working.

Yes I emailed them earlier today to express my frustration at what happened. I offered to do some admin work whilst off. Fingers crossed jobs are hard to come by these days

And I hope that your recovery is swift and without incident

Hopefully the employer will see that you are committed and worth waiting for - after all, if you are not receiving sick pay then you are not costing them anything extra. Keep us up to date with developments.