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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47367
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good morning, i had an accident at work last month and i stayed

Resolved Question:

Good morning,
i had an accident at work last month and i stayed out from work few days, then i went back, but the pain was consistent so i have to leave after few hours. The day after the GM called to ask me to stay home because she was not able to allowed me to work until the confirmation of my doctor. So i scanned my work certificate on friday, but i didn't get any reply until tuesday evening. On Wednesday i had a meeting with her and she decide, following my GP's certificate to get me back at work with amended duties for four hours per day( 5 days a week) ,because she was concerned of my financial situation ( my regular week of work was made of 46 hours). When i ask her about my payment she told me that i was in SSP. Sorry i didn't explain you that i"m working for the same company( busy restaurant in Mayfair) for more than ten years, with a break of two for a sister restaurant ad more then three years in continuos there, again. My question is : do you think is correct to consider me in SSP, when i was out of work, because the accident and pay me just for twenty hours per week, when without the accident ( i slept on wet flour with not yellow sign to protect the area) i was able to cope 46? Do you think should i speak to HR, before any other action?
Much appreciated.
Kind regards.
Sabrina
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and what is your contractual entitlement to sick pay?
Customer:

more than three years. after four days of work you receive SSP, i think so.

Ben Jones :

Thank you. When you are off sick, regardless of the reasons, you would still only be entitled to the contractual sick pay that your contract allows you to receive if you were off on sick leave. Whether the absence was due to an accident at work is unfortunately irrelevant, although if the employer’s negligence can be attributed to this there could be a separate claim for personal injury although it would not affect your entitlement to sick pay as per your contract.

There is of course no harm in speaking to HR about this first and making your views clear, after all the worst they could say is no and leave things as they are. After that you would have to consider your options and whether to take any separate action for personal injury if you believe that it was their negligence which caused the injury.

Customer:

Thank you for the information provided.

Ben Jones :

you are welcome

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