no sick pay

[pixiepie]

my hubby broke his wrist 5 weeks ago in an accident at work. He was told to come in on light duties which he did. On monday we went to hospital to have cast off and he was signrd off on the sick as its not healing very well. His work are refusing to pay him sick pay as they say this is a pre existing condition. Can they do this

[Shazza36]

You would be best getting in touch with ACAS for details on employment law but if his employer doesn't pay him Statutory Sick Pay they are required to issue him with an SSP1 form whcih states why they are unable to pay him and he can then make a claim for Incapacity Benefit from Jobcentreplus (DWP). This benefit is based on his National Insurance Contributions so as long as he has been paying NI for the last 3 tax years and has a medical certificate from his GP he should qualify.

[pixiepie]

thanks for that. They have said they are sending him a letter telling of the reasons and then we are gonna see what his union say. Once again thanks

[fiesata]

Really they shouldn't have asked him to go to work they don't sound like a good employer.
There's always ssp if he's been there for 8 weeks if you don't work there's income Support

[THECORBYLOON]

HM Customs & Revenue issue guidance to employers and you can read the details here, http://www.hmrc.gov.uk/employers/employee_sick .htm#7 and click on "Evidence of incapacity for work"

It says medical evidence should be accepted unless there is compelling evidence to the contrary. He can ask HMRC for a formal decision once his employers have given their reasons in writting.

fiesata employees need only to have done some work to have possible entitlement to SSP, they need not have worked for eight weeks.

[Peter Pedant]

You'reright there is something fishy going on

SSP means statutory sick pay

and statutory means there is an act of parliament behind it.

[joko]

how can a broken wrist, done at work, be a pre existing condition??

[pixiepie]

he has only worked for the company for 8 weeks when he was dragged into the machine and broke his wrist. They said he was on probation and not entitled to sick pay so to come in on light duties which he did. His wrist was ok as his cast was supporting it. However his cast is now off and he has little movement in his hand so doc signed him off. His sick pay should of kicked in on this day (coinsidence i can assure you) but work are now saying its a pre existing condition and have even said they think its suspicious !!!!!!!!!!

[Sado]

Looking at your last entry, was there not a guard on the machine to prevent this accident?
There seems to be a health & safety issue here. I suggest he takes legal advice as soon as possible. If you have household insurance, check to see if it covers you for legal advice.

[joko]

get some pics of the machine before they do anything to it to make it safer, if thats an issue.

a doctors letter will be able to confirm that the break is new and not caused by a condition

[pixiepie]

thanks for all your advice. we took pictures of machine next day and yes we will be claiming it takes time though and without his company sick pay we are in trouble