Deduction of Sick Pay

[Daveincaol]

My son was seen driving his car while on sick leave. His manager has deducted three days pay because of this. Is this lawful?

[wolf63]

Did his employer state that was why he lost the three days?

[Daveincaol]

As I understand that was the reason he was given

[wolf63]

It doesn't make sense. If the employer thought that your son was either not sick or working elsewhere he would have not paid any money and not just deducted the 3 days.

Check it out with your son.

[dotty.]

does your son not have to forfeit the first 3 days of sick leave like most other folk?

[Daveincaol]

I'll do that, he phoned home very upset after he went back to work tonight. He had injured a knee at work while pushing, pulling a lifttruck and the doctor gave him 7 + 7 days sick note. During his time off he took his car for an MOT, and then laid the car up after it failed. I've been driving him around since.

[bednobs]

how does the manager know?

[rockyracoon]

I was off sick once and I got called into the manager on return to answer questions about why I was seen walking down the High Rd. Erm, going to the doctors and getting my prescription. Bloody cheek!

[douglas9401]

Ah managers, a breed apart.

[ojread2]

Well, if he was driving his car whilst off sick and I saw him for an injured knee I think I would certainly want to ask questions

When you say 3 days pay was deducted' do you mean he was paid SSP for the other days?
You do realise that when you go sick you dont get paid for the first 3 days, don't you? So, if that's what has happened, yes it is lawful

[factor-fiction]

I think it's worth clarifying with your son exactly what the circumstances are.

[Daveincaol]

Yes his company scheme does entitlle him to sick pay for the first three days. He has received sick pay for one day self cert. Given the location of his doctor's if you could drive you wouldn't walk. Standing waiting for a bus would aggrevate a knee more than driving. If you were seen hopping to the bus stop and then standing on one leg, you might get a lift to the loony bin FOC.
Anyway seems the manager was exercising his right to be a prat. The money will be paid next week. Unlike the overtime he has not paid on earlier occasions. Apparently his bonus reflects the level of staff costs.
Cost down, bonus up.

[Daveincaol]

As to how the manager knew he had been driving. A Stasi informant must have seen him.

[Suetheramble]

The doctor is the judge not the manager, the managers opinion of your sons state of health does not come into the equation.

[Skyline D]

Have to say not withstanding the actual rights and wrongs of the events in this case, I simply don't believe that "standing waiting for a bus would aggravate a knee injury more than driving". And if your knee was so bad that you had to hop to the bus stop and stand on one leg then you sure as Hell aren't safe to be driving unless it is a converted car with no foot controls!

To be fair, depending on what your son normally does I might ask questions if he was seen driving whilst his knee was too injured to work. I wouldn't have arbitrarily deducted three days though.

[Bambiagain]

Having suffered with knee problems, I have been in a position where I could drive quite safely when I was unable to walk without crutches. I think the legal position is a bit iffy, but the act of using the pedals is completely different from weight-bearing.

[cathfromsaron]

he should have been offered a face to face meeting to discuss this, with notes/recordings taken and written warning received, and then given a notice period before money was deducted...

[wolf63]

I went to Blair Drummond safari park with my pal when I was off sick a few years back - I'm glad that nobody saw us there!

It doesn't sound like your son is in a very happy working environment. ;-(

[ojread2]

I've been pondering why a German security officer would be in any way interested in this?