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Sickness pay and Management issues.....


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Hi

 

 

I hope someone can offer some advise regarding the problems my husband is having with his employers at the moment.

He was signed off work by the Doc on 2nd April this year due to having Plantar Fasciitis, which my husband is claiming was caused through the many miles he has to walk on a daily basis (upto 18 a day), sometimes this had to be done in motorbike boots when he was out on the bike.

He returned to work last Friday - 30th May - on a phased return whereby he's only working half days for the next couple of weeks.

Now for the problem......

He was fully aware that the first 3 days of sick leave is unpaid, so the pay for April was no surprise when it was less than usual.

When he received his pay for May he found that was also short three days, he'd been paid exactly the same amount as for the Month of April. As he was expecting a full months pay he was rather shocked. He's questioned his manager, who by the way does anything she can to avoid answering his queries, and it turns out his sick pay entitlement is only 30 days according to his contract (he wasn't aware or made aware of this).

This still doesn't add up though for deducting money from his May pay as working back to the third day from when he went sick, which would have been from week commencing 7th April (remembering the first three days were unpaid) and going by the pay month of the 16th to 15th, he has had the total of 21 days sick up to the 15th of May so still well within his sick pay limit.

Upon returning to work he look at his Bradford factor and his manager has him down for a total of 56 days sick from 3rd April to 29th May, so basically she has just counted every single day of that time scale as a sick day! His hours of work consist of 5 days out of 7 with Sunday as off and an additional rest day. He isn't contracted to work Bank Holidays as these are used towards his holiday entitlement. We have worked out his total sick days to be 35.

Now here comes the problem.....

 

  1. Why didn't she inform him that his entitlement to sick pay was nearing an end? Was it her duty to do so?
  2. He has been asking since last Friday if his phased return to work will only be half pay, she only got back to him today to inform him it is and he can't come back full time unless his doc says so.
  3. The injury to his foot was caused through excessive walking and having to walk in Biker boots whilst doing his job so he is claiming this is a work related injury for which his company should be paying him in full for however long it takes to heal, the manager and her boss have dismissed this claim out of hand and have refused to give him a number of someone he can speak to in HR to discuss this further, surely he's entitled to speak to HR if desired?
  4. As for his pay and number of days she has worked out that he was sick to be looked into, well he's asked her by email and verbally now a number of times since last Friday and she still hasn't got back to him, apparently she's still looking into it. He asked for a number for HR again regarding this matter and again he was refused.

Surely something is going very wrong here? Any advice would be very much appreciated as this is going to cripple us financially as my husband is the only bread winner due to me being a carer for our 2 Autistic sons.

 

 

Many thanks if you got this far and any help you can offer

 

 

Lisa

Edited by honeybee13
Occupation removed.
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Hello Lisa, sorry to hear about your problems.

 

Most of the employment advisers have day jobs, but I'm sure they'll be along when they can. :)

 

I've taken out your OH's occupation, I don't think it will affect the advice.

 

HB

Illegitimi non carborundum

 

 

 

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It get's even better.....

My Husband is now on the brink of walking out of his job as his manager and her manager seem to be going out of their way to cause problems.

I collected a note for the doctor declaring my husband fit for work but with advice that it may be beneficial if he took a few extra short breaks through the day. This has been sent over to the HO a few miles away and my Husband received a call from his bosses boss stating that the doc has ticked the unfit to work box, which he hasn't, and this isn't good enough and they don't think he is fit to work. My husband has stated that he is and that with the docs note they cannot refuse him his contracted hours and that as far he's concerned his phased return to work is done.

 

 

He is intending to raise a grievance over all this against his manager and her manager, but the problem is they are still refusing to give him a number of someone in HR and as the grievance procedure is dealt with by these two people, it's obviously a pointless exercise.

 

 

Please someone offer some advice.

Thanks

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