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Thread: Legal advice

  
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    Brett's Avatar
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    Legal advice

    As you know I had a serious crash last week were I got servere whiplash, back injury and to my knee, I got told by my work they wont pay me any money, even though the accident wasnt my fault as I was a passenger and it was in the works van in works time. I went back after 3 days, and they had me doing my own job again, lifting pool tables and fruit machines.
    I went back till friday and had today off to see the doctor as I have made it worse trying to carry on as normal. the doctor wants me to take 3 weeks of and go to physio.

    I can not afford this amount of time off. so I have asked for a weeks holiday, now they are saying they doubt they will let me do this as everyones holidays start in december. So I havnt built enough holiday off to be granted it.

    Is it me or am my employers not being very fair. Should they pay me my wages and claim it back of the insurance or claim will have to put in.

    Or is this ok for them to do this

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    wayneGSI's Avatar
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    its not on either way sounds like they are being stuburn and childish, should pay you
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    think its time for a new job Brett
    am i right in thinking that you have had problems before with your work
    can you not get the hols and if you leave they can dock you money for days off

    they should pay you though, accident at work technically
    What is cross posting? Is it when you get angry and post it on a forum?

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    Depends on contract, they dont have to pay you sick, if it is stipulated that they dont. However if it says nothing then Statuary sick rules apply

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    I reckon you ought to start playing hardball mate (although playing by the rules of course!)

    Put a formal greivance in against your manager or whoever it is is calling the shots and treating you like shit. put it all in writing, how you're not happy about being forced back to work, hopw you've been denied time off to recover, and that you're not happy that you aren't on light duties.. Tell them that you have sought legal advice, and that you have been advised by your GP to take 3 weeks off and that you need physio. Provide them with a copy of a letter from the GP or a sicknote or something, so they cannot argue.

    if you want to get it sorted once and for all, now is your chance. They are forcing you to return to work (try to get some sort of proof if you can that they are putting pressure on you to work as normal) and as such if you follow the rules it would be easy for you to resign and then claim constructive dismissal. As long as you followed procedure and put the greivance in first (and of course assuming nothing changes as a result of your greivance) then basically all you would have to do is prove to a tribunal that you resigned because your employers put pressure on you to return to work immediately, and then denied you light duties, and then in turn denied you time off which you are entitled to by law. should be easy enough, especially if you can get a collegue to witness your employer treating you like that. point out to your collegue that it is illegal for an employer to dismiss or penalise an employee who acts as a witness in a greivance/disciplinary/tribunal procedure as well, so that they aren't fearful of retribution from your employer too.

    HTH
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    You seem to keep having these problems Brett, pack it in and get a job in a place not run by *******s.

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    I presume you have signed a contract of some sort Brett?

    If so you should be alright by following pete's advice.

    If you haven't then they im guessing they can stich you up and not budge.

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    they still have to follow statutory procedures and you still have certain levels of protection as an employee even if you haven't got a formal contract
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    You can definatly claim of your employers vehicle insurance as well ,
    stick it to the b****ds you didnt ask to be injured ,and i would say they should be paying you as it happend durring work

  10. #10
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    I thought it would be the case as steve said, my contract did state that I got paid for sick, but I was to make the hours up I had off with over time or saturday work, but a couple of days before the accident I signed as they were changing it over to not being paid. I signed it as I dont have time off from work unless im totally incapable of doing anything never mind work. and I thought it only covered genral sickness not accidents at work.

    They offered me light duties tonight if I come in tommorow just delivering parts or refurbishing machines, but im in loads of pain at the minute and dont think I could do it.

    May just take a coupe of days off, pump me up with drugs and go back, I will have to claim I think to get my loss of earnings back.

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