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[cruisetopoland]

Hi folks...deep breath....!!

Had a bit of a rough run recently and now in a right mess...

We run our life pretty tight on a hand-to-mouth set up, with both me and my wife working.  I have worked for my employer for 6 painful years and in 2006 they withdrew sick pay for "everyone".

Last year, being very stressed and under pressure trying to do a difficult job, manage the money, renovate our house (only way to afford one big enough) and have a family life, I got run-down and worn out, eventually picking up a run of viruses etc; mumps, glandular fever, shingles, noro-virus, but each time I have had to work through it to be able to pay the mortgage etc-but doing this has exacerbated the problem, prolonged the illness, led to the next illness and so on.

I moved to a new office last year and have made great progress for the company (again), but the office is very uncomfortable with terrible heating, poor chairs, no drinks facilities/fridge/kettle etc and I am on my own a great deal, so cannot get out when needed to get food/drinks.  Add to the this, having our loo through another office which is often closed off for use by another firm, I struggle to drink enough and get to the loo when needed.

As a direct result of this, I have picked up waterworks infection that got nasty.  I felt awful so went to the doctor first thing and he diagnosed UTI, noted my fever, prescribed anti-biotics and told me to go home.  Knowing I would not get paid, I drove 20 miles to work and carried on, but during the day I got worse and worse and eventually locked up an hour early and drove (somehow-don't remember) home.
I went straight to bed, but my wife had to call the emergency doctor in the night, who came, called an ambulance and took me into hospital.  I was 40 degrees and delirious.

I was in hospital for four days over the bank holiday on huge meds, morphine, nil by mouth, drip etc and was released for my wife to look after me.  I was advised to lie down, not sit up as much as possible so the lymph nodes and pipes could drain freely.

I had to go back to work and struggled in on Monday feeling awful and very uncomfortable and just did what I could. 
The time I was in hospital had off had to be taken as holiday.

Yesterday, I was again battling with work and went to a client's property and had an accident where I put my foot through a carpeted floor which concealed a repair to the floorboards with a large unsupported piece of MDF-I stood in the weakest spot and went through it, wrecking my ankle.

Another ambulance trip to hospital, day in hospital and now had snapped ligament and have to go back for more intense X rays on Tuesday.

They have said I must not put any weight on my foot and if I do, I will undo any healing.  Of course, I cannot drive and am stuck in bed with a bedpan as my other leg is not strong enough to support me, even with the zimmer frame, as I hurt it too in the fall.

This morning, I asked my superior to come and see me at home (half mile from his office) and ended up having a huge row about sick pay.  In six years of full time employment, I have had no paid sick leave and have been forced to take holiday when sick-which including up to today has been four week in the six years, all within the last twelve months.

I got told that they cannot plan anything because I am always ill and I am causing chaos.
I shouted at him for about an hour and ranted about all of the extra unpaid work/hours/projects I do and the fact that as the longest serving employee, with a family I should have some rights.  After some head shaking, I said if no pay, I will sue for industrial accident as I have no choice.

The guy has just rang me and said not to worry, they will pay for the next week.....then review it.

The same guy who crashed going too fast and got paid for three months while in recovery.  I got shouted at for bringing this up with the company owner previously as it was none of my business.

Any comments or advice?  The clients whose house it was are lovely and probably not insured so I would hate to sue them, or anyone really.  I have stayed 6 years with the company as there is not much choice around here and I have family/money commitments.

I am feeling a bit sorry for myself 

[Mr Skrunts]

FFS matey, your health seems to have taken a right kicking.  I know if I were an employer and you worked for me the effort you put in from what you have said then I would be a lot more helpfull in looking after someone that was doing so much for me.

Sadly I dont know where you stand legally in any of this d=situation as being denied simple rights like the use of a toilet must be mandatory.  Is there any way you can work from home, saving on fuel and driving time, which in turn helps you and your boss.

Surely SSP  (Statutory Sick Pay) Is a basic right for any human that is working.

Would start doing some googling for your rights and make an appointment for a free 30 minute session with a solicitor that covers employment law.

All the best matey, hope your health improves quickly and it all pans out for you.

[Mr Skrunts]

Just done 3 quick serches, no idea if you will gain from them but all the best. 

http://www.google.co.uk/#hl=en&source=hp&q=ssp&meta=&aq=f&aqi=g10&aql=&oq=&gs_rfai=&fp=23e9d7872b349109

http://www.dwp.gov.uk/a-to-z/

http://www.google.co.uk/#hl=en&source=hp&q=employment+laws&meta=&aq=f&aqi=g10&aql=&oq=&gs_rfai=&fp=23e9d7872b349109

[Mr Skrunts]

Also check what you have written in your contract of employment, IIRC all employees must have one by law, did you get a new one when the dropped the SP off.

[Gaffers]

Firstly there are some obligations enshrined in law about provisions in the work environment laid out in Health and safety.  I am pretty sure that access to proper toilet facilities is one of them and a min 20min break if you work more than 6 hours in a day, thats not you work 6 hours and then take 20 mins off, that is a 20 min break within those six hours.  If they cannot conform with this they are in breach of the law.

They are obliged by law to have liability insurance and if you went to that house with dodgy floorboards where you hurt your ankle as part of your work then your employer is liable.  Whether the company insurance takes the issue up with the owner of the building is of no concern to you.  If you have been injured at work and have time off because of it I am pretty sure they are obliged to continue paying you.  You may also be eligable for compensation.

Basically, for the ankle - they are liable and should be kissing your arse, for the UTI - I would speak to them and mention the lack of access to the toilets and the resulting illness you have acquired.  If you dont have any luck with them speak to the CAB

More infor here: http://www.hse.gov.uk/workers/responsibilities.htm

Oh. and get well soon, sicknote! 

[cruisetopoland]

Cheers Mr S for all the above.

I had a contract years ago, but our firm is lax.
I wonder if i had to have notification when SP removed?

The company accountant said SSP is not very much and as such I could not afford to take the hit in salary...

[cruisetopoland]

Firstly there are some obligations enshrined in law about provisions in the work environment laid out in Health and safety.  I am pretty sure that access to proper toilet facilities is one of them and a min 20min break if you work more than 6 hours in a day, thats not you work 6 hours and then take 20 mins off, that is a 20 min break within those six hours.  If they cannot conform with this they are in breach of the law.

They are obliged by law to have liability insurance and if you went to that house with dodgy floorboards where you hurt your ankle as part of your work then your employer is liable.  Whether the company insurance takes the issue up with the owner of the building is of no concern to you.  If you have been injured at work and have time off because of it I am pretty sure they are obliged to continue paying you.  You may also be eligable for compensation.

Basically, for the ankle - they are liable and should be kissing your arse, for the UTI - I would speak to them and mention the lack of access to the toilets and the resulting illness you have acquired.  If you dont have any luck with them speak to the CAB

More infor here: http://www.hse.gov.uk/workers/responsibilities.htm

Oh. and get well soon, sicknote! 

Cheers-looking into this 

[BigAl]

IMHO, from what you have said, you are regularly left alone in a unsuitable environment, so the following may apply http://www.hse.gov.uk/contact/faqs/workalone.htm if it does, you may have the company by the short n' curlies

[Kevin Wood]

I had a contract years ago, but our firm is lax.

Then you sill have one. They can't just tear it up.

I wonder if i had to have notification when SP removed?

The company accountant said SSP is not very much and as such I could not afford to take the hit in salary...

Doesn't matter. You should, at the very least, get the time off and the SSP you are entitled to. Especially when the accident that has caused part of the problem was an accident at work.

I would write down the facts as you have presented them to us, with as much detail, dates, amounts, etc. as possible and what your employer has stated to you and take them to either a solicitor experienced in employment law or, at the very least, the CAB as a first step. They will have your employer on the back foot pretty damned quickly.

Kevin

[cruisetopoland]

IMHO, from what you have said, you are regularly left alone in a unsuitable environment, so the following may apply http://www.hse.gov.uk/contact/faqs/workalone.htm if it does, you may have the company by the short n' curlies

Cheers-having a look 

[cruisetopoland]

Where do I stand on other employees getting SP and not me?

[cruisetopoland]

I had a contract years ago, but our firm is lax.

Then you sill have one. They can't just tear it up.

I wonder if i had to have notification when SP removed?

The company accountant said SSP is not very much and as such I could not afford to take the hit in salary...

Doesn't matter. You should, at the very least, get the time off and the SSP you are entitled to. Especially when the accident that has caused part of the problem was an accident at work.

I would write down the facts as you have presented them to us, with as much detail, dates, amounts, etc. as possible and what your employer has stated to you and take them to either a solicitor experienced in employment law or, at the very least, the CAB as a first step. They will have your employer on the back foot pretty damned quickly.

Kevin

Problem is that it is a small town, the work is limited and the employer held in high regard socially by many important people in the town including other employers.  If I stir trouble, what next?

I was told SSP was £70ish per week, which would not pay the bills...

[Sixstring]

jUST A FEW POINTERS TO CONSIDER....
(I'm a technical Manager in an international company, and employment law is part of my job) Quotes from the E.L. manual are in speech marks.
Firstly, access to toilet facilities shared or otherwise is mandatory in law, "all employees should have recourse to adequate and local toilet facilities", working hours are restricted to 48 max in any 7 day period unless you are in an excepted industry, (security, emergency services, callout engineers, etc) and you should have access to "comfort facilites" at all times. These include facilites for hot drinks, and a place to sit away from your work. FACT.
If you have an accident in the course of business, not your fault, and causing injury prohibiting you from working, your company is legally bound to pay you for a pre-set time, and unless they inform you in writing of cessation of SSP (sick pay) it is not relevant. The company has to inform you in writing, and you have to sign a paper to say you have recieved and agree with the change to your employment conditions/contract. FACT. They have liability insurance BY LAW to cover this expenditure.

All the above is LAW, not negotiated contractual obligations. Get some professional advice my friend, you are being shafted big time.

Best Regards for a speedy recovery.

Mike.

[Sixstring]

UPDATE:

Just spent a few minutes reading the appropriate sections of the companies act 2009, facilites, and Health and safety at work act, and the rules on s.s.p.

They haven't got a leg to stand on if all you say is totally correct. Time for a solicitor/CAB visit methinks.

Mike.

[Mr Skrunts]

Cheers Mr S for all the above.

I had a contract years ago, but our firm is lax.
I wonder if i had to have notification when SP removed?

The company accountant said SSP is not very much and as such I could not afford to take the hit in salary...

Sounds it, and may well bite them in the arse if not carefull.