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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I recently had 2 days off of work sick because i hurt myself

Resolved Question:

I recently had 2 days off of work sick because i hurt myself in an accident in the workplace. When i went back to work i told them i was fit for work but should avoid any heavy lifting for a couple of weeks although this is not a normal task in my job, as advised by the casualty doctor. I was told by my manager that i was to go home until further notice as he was not sure if i was fit to work. I was contacted by HR after 4 days and told i could come back to work and could i supply a fitness to work certificate which i duly gave them stating i could return to work but avoid heavy lifting for a couple of weeks. They are now saying that the time i was off when sent home counts as sickness against my bradford factor but i insist that as i was sent home while fit to work and against my will it should not count as sickness. Which of us is right.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
Customer: replied 1 year ago.
12 years
Expert:  taratill replied 1 year ago.
Does your work policy state that it does not count as sick leave if you are sent home?
Customer: replied 1 year ago.
yes
Expert:  taratill replied 1 year ago.
I am sorry for the slight delay.If their own procedure states that it will not count as sick leave then they are in breach of procedure by now stating it does. If counting this absence towards your bradford factor results in you being disciplined then you have the right to appeal on that basis and ultimately if you were to be dismissed on the grounds of unfair dismissal this would be grounds to argue that the dismissal is unfair. Is there anything further you would like to know?
Expert:  taratill replied 1 year ago.
The other point is if the accident was due to a failure in the employer's policy or procedures then potentially you can bring a personal injury claim against the employer to recover your losses such as lost pay. I am happy to answer any further questions you may have. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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