negotiated settlement?

[daisyw]

My husband suffered an injury at work in October. He has been unable to work since and has recieved SSP which will run out this week.His employers (a public school) have not accepted liability for the accident and to be honest have been quite nasty. He works 3 days a week as a general maintenance man.

He read somewhere that he could have holiday pay rather than SSP so he asked for 2 days from last year and 4 days accrued for this year. He received the following reply.

Holiday entitlement can be requested at anytime during the holiday year but it is the employers decision when it can be taken.

It would be quite unusual to pay holiday entitlement unless the contract has come to an end when we would of course factor in any accrued holiday not taken'

Is this true? I cant see any reason for refusing other than making life difficult for us.

[Emmzzi]

The advice you were given on then other forum you posted this was correct. Clearly they are encouraging him to resign.

[daisyw]

Thanks for your reply.

[steampowered]

You are asking the school to pay him extra salary instead of letting him take days off. Unfortunately the school's response is correct. There is no general right giving you the choice to be paid extra for your holiday days instead of taking days off. Most employers require their employees to take their full holiday entitlement.

[daisyw]

He asked for his accrued holiday pay rather than SSP, not for extra holiday pay.

[postggj]

http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&ved=0CEcQFjAD&url=http%3A%2F%2Fwww.lawsociety.org.uk%2Fadvice%2Fpractice-notes%2Fholiday-entitlement%2F&ei=3aaXUZXfK4On0QXF-oHQCQ&usg=AFQjCNHJpYX6rmx6Vzoq30l06nCgILKtcQ&bvm=bv.46751780,d.d2k

[Emmzzi]

Not quite that simple

 

http://www.thorntons-law.co.uk/Newsletters/Employment/EmpLawJuly09article1.asp

[daisyw]

Thank you so much , that is exactly what we needed.

[daisyw]

My husband injured himself at work in November 2012 and is still off . His employer recently asked for his medical records from his GP which were duly sent.

They now want him to see a company doctor/occupational therapist. His contract of employment does include a clause giving his employer the right to insist he undergoes a medical examination by any medical practitioner the employer nominates

The problem is he is based in London (Harley Street) and my husband will have to take a 140 mile round trip to see him which wont be easy as he now has problems with his mobility because of the accident He is already very depressed about the whole thing. We dont really have the funds to pay for a trip to London and wonder if he can ask to see a local OT instead?

[honeybee13]

Hello there.

 

The experts should be along later, but I would say it's worth asking the employer and explaining why this is a problem. You could also try mentioning the cost.

 

Do you mean an occupational therapist or an occupational health professional? I saw occupational health when I was off sick.

 

My best, HB

[daisyw]

Thank you , its occupational health advisor.

[Emmzzi]

you can ask to see a local OT at the same time as suggesting the alternative is for them to provide a taxi to the OT at their own cost, explaining why (unable to manage public transport or drive at the moment)

 

Do this in writing.

[daisyw]

My husband has worked part time for the past 12 years. He will be 60 in a few months and has been a painter and decorator since he was 16.

He injured himself at work in November while moving a computer desk which he wasnt made aware was broken and has been unable to work since then. His company decided not to pay him discretionary sick pay and refer to his accident as "alleged'.

They asked for information from his GP and then sent him to see an Occupational Therapist in London. We have now had a report from the OT which has advised that he is not fit to return to his job and will have to seek an alternative career. The report (to his company) also recommended he agrees on a negotiated settlement.

He went to the CAB but he is still not sure what he should do next.

We would be very grateful for some advice.

[Emmzzi]

Most odd. OT should only be commenting on fitness to work, not financial matters.

 

For financial impact of the injury you need to be claiming against the employers liability insurance. Doctors report + copy of the accident report from the time + any witnesses would be a good place to start.

 

Do you have union membership or legal cover on your home or car insurance? Worth checking.

 

What did the CAB actually say?

[daisyw]

The CAB just gave a list of local solicitors and a sheet about personal injury claims.

He hasnt heard anything from his employers who will have received a copy of the same report.

To be honest we just want an end to all of this. My husband is very depressed and feels let down by his employer.

We thought it was a bit odd that the OT should mention financial settlements in his report. He isnt a union member and we dont have legal cover on our insurance policies.

[richy1963]

Your basic ambulance chaser will take the case and it shouldn't cost you a penny.

Don't expect it to be quick though.

You will need to support your husband, I know what he feels like as I suffer severe depression since my accident last year.

They will be relying on you wanting it to end soon so they can avoid paying what they should pay you, they are currently trying to starve me into taking an early settlement but they are just giving me something to focus on.

[steampowered]

There is no "quick-fix" I'm afraid. The employer is unlikely to come up with a pot of money unless forced. If you are after compensation you will need to speak to a personal injuy solicitor about bringing a claim.

[Emmzzi]

next stop a solicitor then I am afraid

[ericsbrother]

Check your houshold insurance for legal cover and if you have it make a claim via them or any of the conditional fee lawyers specialising in the personal injury field.

[daisyw]

Thanks for all the advice, much appreciated

[daisyw]

My husband has just received a letter from his employer asking him to attend a meeting to discuss his sickness absence and the recommendations of Occupational Health. The dates shown on the letter relating to his absence are incorrect.

Should he ignore the discrepancy, tell them in his reply or bring it up at the meeting?

[Emmzzi]

is the error in his favour or not?

[daisyw]

I suppose it is in his favour. It just shows how incompetent they are

[dragonkeeper]

Hello daisyw

 

 

My husband has just received a letter from his employer asking him to attend a meeting to discuss his sickness absence and the recommendations of Occupational Health. The dates shown on the letter relating to his absence are incorrect.

Should he ignore the discrepancy, tell them in his reply or bring it up at the meeting?

 

 

You will more than likly be told that for the purpose of the meeting/discussion the incorrect dates are neither here nor there. The main reason for the meeting/discussion is medical absence

 

 

dk

[daisyw]

Thanks, you are quite right. It would be pointless to pick them up on it, only add fuel to the flames!