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Author Topic: Sick pay, workers' rights and liability  (Read 1974 times)

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jerry

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Re: Sick pay, workers' rights and liability
« Reply #15 on: 16 April 2010, 16:55:56 »

though your company is not obliged to pay company sick pay it IS obliged to pay SSP. You are eligible for SSP if you earn at least £97 a week and have paid NI.It is paid at £79 a week and can be paid for up to 28 weeks.You are not however paid for the first 3 "waiting days".For eg, if you work mon to fri with the weekend as days off and you were ill on the fri you would not be paid ssp for the fri,following mon or tues and ssp would be paid from the wed onwards.to learn more go online to direct gov and hm revenue and customs. There is a helpline for employers at hmrc to help them sort out your ssp: 08457 143143. Though not a lot of money it is something that they legally have to pay you. I'll try and get a helpline tel number for you to phone at hmrc and post it later. As for your problems with drinking/toilet facilities these are covered by employment law too. You should also have(as a legal min) 20min break for every 6hours worked (also part of the working time directive).Will try and post further details later. Hope this helps :y
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jerry

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Re: Sick pay, workers' rights and liability
« Reply #16 on: 16 April 2010, 17:00:37 »

hm customs helpline re your SSP is 0845 302 1479
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Mr Skrunts

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Re: Sick pay, workers' rights and liability
« Reply #17 on: 16 April 2010, 17:01:10 »

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

Plenty of info out there it's just a case off finding it.   ::)

This gets better, your company ought to be getting ready for this, I seriously hope you get all the help, info and advice lined up before you mention any of this to your employer after the bust up that was mentioned.  If he doesnt tow the line and make good plus put things right then the sihts goona hit the fan.  Try and do what you can in writing as well as that cannot be denied. :y
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cem_devecioglu

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Re: Sick pay, workers' rights and liability
« Reply #18 on: 16 April 2010, 17:34:47 »

wish you a quick recovery, and as other members stated use your rights and take a professional advice.. :y
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cruisetopoland

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Re: Sick pay, workers' rights and liability
« Reply #19 on: 16 April 2010, 17:39:29 »

Quote
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.

Cheers Mike, reply pm sent too  :y
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cruisetopoland

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Re: Sick pay, workers' rights and liability
« Reply #20 on: 16 April 2010, 17:41:25 »

Quote
though your company is not obliged to pay company sick pay it IS obliged to pay SSP. You are eligible for SSP if you earn at least £97 a week and have paid NI.It is paid at £79 a week and can be paid for up to 28 weeks.You are not however paid for the first 3 "waiting days".For eg, if you work mon to fri with the weekend as days off and you were ill on the fri you would not be paid ssp for the fri,following mon or tues and ssp would be paid from the wed onwards.to learn more go online to direct gov and hm revenue and customs. There is a helpline for employers at hmrc to help them sort out your ssp: 08457 143143. Though not a lot of money it is something that they legally have to pay you. I'll try and get a helpline tel number for you to phone at hmrc and post it later. As for your problems with drinking/toilet facilities these are covered by employment law too. You should also have(as a legal min) 20min break for every 6hours worked (also part of the working time directive).Will try and post further details later. Hope this helps :y

That's the problem-£79pw would bankrupt me, hence the need to have to take holiday when not getting sick pay from work.

I would have thought that one/more others getting sick pay would have a bearing on me not getting it??
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cruisetopoland

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Re: Sick pay, workers' rights and liability
« Reply #21 on: 16 April 2010, 17:44:30 »

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wish you a quick recovery, and as other members stated use your rights and take a professional advice.. :y

It's a minefield and I do not know what do.  It has got worse over the years and I have to bring in enough money to live-difficult with few employers and my line of work.
My only option is to drive 30 miles each way to Worcester each day to get similar work, so the hassle and annoyance has been partly offset until now.

Not sure what to do.
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jerry

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Re: Sick pay, workers' rights and liability
« Reply #22 on: 16 April 2010, 17:51:14 »

ok , in addition to their legal requirement to pay you SSP, you need to quote things like the working time directive 2008 for your legal break allowance and refer them to the HSE booklet "welfare at work" where it states that they should legally provide toilet facilities (eg for 1_15 males , 1 toilet and 1 urinal, for 1_5 women, 1 toilet, 1 washstation) inc paper! as well as "easily accessible" drinking water and a "suitable seating area for workers on breaks" inc means of heating food/drink. As Skruntie and everyone else has said, you really do seem to have them over a barrel with a lot of stuff! The problem-as it always is-is how comfortable you feel about going up against them (despite you having the law on your side) without Union support or the like. As others have said, make sure you get all the relevant sections of law beforehand so you are fully prepared. Even so ,SSP is not a lot of money so pursue other avenues to see if you can claim other benefits to help support you. Good luck mate :y
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jerry

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Re: Sick pay, workers' rights and liability
« Reply #23 on: 16 April 2010, 17:58:35 »

Quote
Quote
though your company is not obliged to pay company sick pay it IS obliged to pay SSP. You are eligible for SSP if you earn at least £97 a week and have paid NI.It is paid at £79 a week and can be paid for up to 28 weeks.You are not however paid for the first 3 "waiting days".For eg, if you work mon to fri with the weekend as days off and you were ill on the fri you would not be paid ssp for the fri,following mon or tues and ssp would be paid from the wed onwards.to learn more go online to direct gov and hm revenue and customs. There is a helpline for employers at hmrc to help them sort out your ssp: 08457 143143. Though not a lot of money it is something that they legally have to pay you. I'll try and get a helpline tel number for you to phone at hmrc and post it later. As for your problems with drinking/toilet facilities these are covered by employment law too. You should also have(as a legal min) 20min break for every 6hours worked (also part of the working time directive).Will try and post further details later. Hope this helps :y

That's the problem-£79pw would bankrupt me, hence the need to have to take holiday when not getting sick pay from work.

I would have thought that one/more others getting sick pay would have a bearing on me not getting it??


I think that they can have different levels of "occupational " sick pay for different levels/grades of staff (just as senior managers may have comany cars/fuel cards/ private health care etc whilst "workers" may not). But if this other person is on the same level/grade as you then it is worth chasing this as it would be seen as discrimmination.It depends what is written into your contracts about it. Certainly, they cannot decide to pay it or not to pay it arbitarily.
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jonnycool

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Re: Sick pay, workers' rights and liability
« Reply #24 on: 16 April 2010, 18:33:21 »

On a completely different note, do you think it's worth damaging your health so badly for the sake of work? Are you really so stuck for a job in your area that you need to go through such torture for money?
    I understand that you have a family to support mate, and it's a difficult situation, but honestly, you could have killed yourself driving home in that state (or someone else for that matter) and where would that leave your family?
   I'd start to seriously start looking for another job, even if you get anywhere with claims for money or get anything changed by forcing them to alter sick pay or toilet facilities etc etc, you'll be known as the one who 'rocked the boat', which I think you're probably afraid of doing
   I've never heard of any employer treating people as badly as this in the modern age!! Any solicitor would/could make mincemeat of 'em  >:( >:(

Good luck with whatever you do  :y
« Last Edit: 16 April 2010, 19:24:19 by jmdavies »
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Banjax

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Re: Sick pay, workers' rights and liability
« Reply #25 on: 16 April 2010, 19:22:49 »

also check any of your home or car insurance policies, see if you have Legal Expenses, Legal Cover or Legal Services most of them will help you with employment contracts and injuries  :y

best of luck  8-)
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cruisetopoland

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Re: Sick pay, workers' rights and liability
« Reply #26 on: 16 April 2010, 20:30:26 »

Quote
On a completely different note, do you think it's worth damaging your health so badly for the sake of work? Are you really so stuck for a job in your area that you need to go through such torture for money?
    I understand that you have a family to support mate, and it's a difficult situation, but honestly, you could have killed yourself driving home in that state (or someone else for that matter) and where would that leave your family?
   I'd start to seriously start looking for another job, even if you get anywhere with claims for money or get anything changed by forcing them to alter sick pay or toilet facilities etc etc, you'll be known as the one who 'rocked the boat', which I think you're probably afraid of doing
   I've never heard of any employer treating people as badly as this in the modern age!! Any solicitor would/could make mincemeat of 'em  >:( >:(

Good luck with whatever you do  :y

I've pushed myself too hard for ages and it is screwing with me.  My wonderful wife picks up the pieces and makes it all better so I can keep going...

I have never really analysed my job so much before, only today-and yes, it is worth some sacrifice to live here as we have a great circle of Polish/English family friends. 

Wish there was a simple way forward..
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cruisetopoland

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Re: Sick pay, workers' rights and liability
« Reply #27 on: 16 April 2010, 20:31:02 »

Quote
also check any of your home or car insurance policies, see if you have Legal Expenses, Legal Cover or Legal Services most of them will help you with employment contracts and injuries  :y

best of luck  8-)

I'd not thought of that-great idea  :y :y
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Martin_1962

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Re: Sick pay, workers' rights and liability
« Reply #28 on: 16 April 2010, 20:52:10 »

I think you have a lot to gain as they are definately breaking laws.

Might be in for some decent compensation
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