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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 58831
Experience:  Qualified Solicitor
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If I get injured doing a hobby(boxing) can my work refuse to

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If I get injured doing a hobby(boxing) can my work refuse to pay my sick leave as they see it as "self inflicted"?
Assistant: Have you discussed the injury with a manager or HR? Or with a lawyer?
Customer: HR
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee full time
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No that's all thanks

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked for your employer and have they refused to pay you for this reason?

Customer: replied 3 months ago.
Hi Ben, I have worked for them for almost 2 years. They believe as the hobby is a contact sport that the injury is my fault as I know the risks of boxing

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Your rights will depend on a couple of factors:

First of all, do you only get Statutory Sick Pay or company sick pay on top of that. If it is just SSP, then they cannot choose not to pay you as it is not dependent on the reasons for absence, just whether you are unfit for work and absent as a result.

If you get company sick pay in addition to SSP, it would then depend on whether it is guaranteed or discretionary. If it is guaranteed and not conditional on anything, they cannot refuse to pay you. On the other hand, if there was a clause which stated that they can refuse to pay you if your reasons for absence are for specific things, like self inflicted injuries, sports, etc. then they can withhold it.

Some more information here:

https://www.martinkaye.co.uk/about-us/publications/mk-hr-alerts/selfinflictedinjuries.aspx

Does this answer your query?

Customer: replied 3 months ago.
Ok thanks this answers my question

All the best

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