Hi,

I have a problem with my left foot which is being investigated by my Doctor, I have to have x-rays to establish if I have a Fracture or another problem.

My doctor has not signed me off work and I have told my employer that I can drive or walk fine, however my employer has decided that I am sick and unable to work until I can prove otherwise.

They have told me I'm to stay off sick but this is something which I really cannot do as I don't get sick pay and have a family to support.

Where do I stand with this? Can they determine I'm unfit for work even though I've seen a Doctor and he didn't think it necessary to sign me off, or are they making their own rules up and have no right to insist I stay off sick?

All this was decided by my manager last night at 6pm so it was too late for me to speak to HR or get back to the Docs for a fit for work certificate and as I'm due to work today I'm already missing out on a days pay.

Thanks for any advise

What they are describing is actually a period of medical suspension. If they are telling you not to work despite you being fit to do so (in your GPs opinion) then you should be paid in full for your normal working hours.

I would point this out via email (so you have a paper trail) and then raise a formal grievance if they don't pay you. Ultimately you could then take them to Tribunal for unpaid wages.

Thank you, I went to my GP yesterday, he gave me neither a Sick note or a fit note, he doesn't recommend I walk but hasn't forbidden me from doing so. I pointed out to my employer that I can drive and I can walk with medication but she has still taken this course of action and is insisting that I don't work until I get a "fit" note from my GP.

Being pragmatic I'd go back to the GP and pay the few quid to get a fit note issued. It'll be fastest.

I would do but the Doctors aren't open today and this decision was made last night by my manager so I'm missing out on a days pay today, which I can ill afford

Wait till monday and get it backdated.

I bet that they didint put that you were suspended in writing either. Something to take up when you get back.

Thanks for your replies.

Well I got a note from the Doc today stating that I'm fit to work.

I have emailed my manager 3 times now, stressing that I want her response in writing, which she still hasn't given.

I have outlined that as she suspended me I am entitled to full pay, but when I spoke to her on the phone she said I will need to do a return to work interview tomorrow, to which I asked why would I have to do that when I didn't sign myself of sick and never wanted the time off in the first place! I then verbally pointed out to her that I want it in writing from her that I will be getting paid for these two days, to which she started stuttering - errrr okay. As of yet I've still not received any written correspondence from her.

What should I do now if she keeps ignoring my requests for her reasons in writing for this whole ridiculous debacle? Should I escalate to HR?

Thanks

I'd wait and see if you get paid.

Hi,

I have badly injured my left foot and can barely walk at the moment. I had an accident about 7 months ago where I came off of a Scooter. I have stated to my manager that I am okay to walk but I have two problems with the riding the Scooter, 1, my foot will not support the weight and 2, I am scared of riding the scooter.

My manager is claiming that the company paid for my CBT and that as I have been riding the scooter it has become "working practise" and that I have to continue to do so. My contract does not state that I have to ride a scooter at all, it also does not state that I have to reimburse any costs of training if I don't ride the scooter. This is causing me considerable distress and I am raising a grievance against my manager but I need to know where I stand with all this before I proceed.

Any help will be gratefully received.

Thanks

is there anything at all in your contract about repaying training costs?

has your doctor issued a fit note to say you cannot ride the scooter?

My doctor issued a fit note stating I can walk. That is all I asked for as I already advised work I cannot ride the scooter.

I have never signed anything stating that I have to reimburse any additional training costs.

If you have nothing in your contract about training costs, then they cannot reclaim them.

If however your fit note does not state you cannot ride the scooter, then your manager is correct to ask you to ride it.

Hi,

I have a grievance coming up against my manager regarding incompetence and screwing up my life, in short I wasn't advised that My sick pay was ending and I wasn't advised regarding payments during a phased returned to work, it now appears that I have been overpaid as well and will have to pay this money back.

The person that is hearing the grievance is my managers line manager and I don't think that he will be fair and impartial, I believe that he is also a witness to the lack of communication that occurred in a meeting with my manager.

Do I have to allow this person to chair the grievance and appeal when the inevitable happens or can I ask for another manager from a different contract hear my grievance?

Thanks for reading.

Hi lisa

Here's some info:-

http://www.acas.org.uk/index.aspx?articleid=4066

Hi,

I have been off sick for 2 months - a work related injury that I will be trying to claim compensation for via an Injury lawyer.

In the meantime I have a problem with my pay and the problem stems from this.

I was signed off work on the 3rd April 2014 and returned on the 30th May 2014. I started work for this company on 15th May 2012.

My employee handbook states that being employed from 6 month's to 2 years allows me 15 days paid sick leave and that over 2 years employment that I am entitled to 30 days paid sick leave. My 2 years service was completed whilst I was off sick.

The problem here is that my Manager is stating that I am only entitled to the 15 days paid sick leave.

Nowhere in the company handbook does it say that it has to be 2 years continuous service before the 1st sick day is taken and it doesn't say this in my contract either.

My manager is saying that the sick pay entitlement does not increase whilst currently on sick leave.

Where do I stand legally with this as the handbook is ambiguous at best regarding this issue?

Does the handbook say sick pay is discretionary?

Are you a union member?

At a guess I would argue that that the entitlement is based on two years continual service

Being sick still counts as continuous service thus at the point your continuous service was completed you should gain the extra entitlement. That is how I interpret things.

I would maybe wait to see what others say and then raise a grievance. Point out also that it is an accident at work (and if you were not culperable) that they have a duty to mitigate losses to you *AND* them.

this link may be of use to you

https://www.gov.uk/continuous-employment-what-it-is

Does the handbook say sick pay is discretionary? NO it isn't discretionary, I was also off because of an injury I sustained doing my duties.

 

Are you a union member?

It being a work related injury is neither here nor there, you have a separate claim for that.

The wording is open to interpretation definitely. Is it a big company? If not, there may be no precedent. If yes, get a second opinion from HR?

It being a work related injury is neither here nor there, you have a separate claim for that.

 

The wording is open to interpretation definitely. Is it a big company? If not, there may be no precedent. If yes, get a second opinion from HR?

I would love to get a 2nd opinion from HR but my manager is not giving me an HR contact to talk to and there are no contact numbers for them in the handbook or on the intranet.

any details on payslip?

If you find money becoming tight during the "no win no fee" claim process, I draw this to your attention

[commercial link removed]

You might want to suggest to your legal adviser to investigate if this will be relevant to your case.

Hello Lisa.

Does this thread relate to any of your previous ones please? It could help the forum guys to have some background.

HB

Yes it is all the same issue.