If a company has 2 sites,call it a main site and the other site.
There are 2 different insurance's ,one for each site.
There was a serious accident at the other site, resulting in permanent damage to a hand.
The other site insurance paid the wages for 2 years, this is now up and he is on sick pay about £90
He has put a claim in but the 2 insurances are saying it's the other one that has got to pay.
After working well over 46 yrs ,he is been treated like Sh$t
Hi , Mick thanks for the reply.
I'm trying to careful because it's on a public forum.
But the person's solicitor, is being passed between the two , whether it's a stalling tactic.
The person is being pressured back to work, but is unable to do his job.
I don't think the accident has been reported to health and safety, because they haven't asked for a statement.
Could the reason he wants the person back at work is to sack him ?
Is this person in a union?
If they are then it needs reporting to the union.
If they’re not in a union I’d strongly suggest a visit to a solicitor who deals with employment law.
In the meantime I’d suggest a visit to their GP to get the injury assessed and to get a sick note.
They’ll probably be very stressed and anxious about this situation and can probably get a sick note to reflect this.
I would also speak to the Heath and safely executive about this ( or a solicitor will ) because I believe they’ve broken the law by not reporting an injury of this nature.
I certainly wouldn’t be forced back to work if unfit but he really needs a medical assessment to back him up ASAP.
Last edited by mickd1961; 18-03-2023 at 06:59 PM.
Under RIDDOR legislation any accident at work that leads to either incapacitation or else the employee being unable to perform their normal duties for seven consecutive days following the accident has to be reported to the HSE within 15 days. Failure to abide by these rules could lead to the company being fined up to £20k.
Although the Conservative governments have worked at eroding workers rights and access to an Industrial Tribunal over the years, this employees solicitor should consider contacting ACAS if they feel there is discrimination going on or a potential unfair dismissal. There is a time limit on this though and must be done within 3 months if it comes to the latter. The solicitor should know all this though?
Further to the above. Companies will want to deal with long term sick and get people back to work but they have a legal responsibility to make all "reasonable" adjustments if the nature of the injury or illness means that the employee cannot resume their old role before any termination on the grounds of ill health can be made.
SSP is currently £99.35/am but most large companies offer Company Sick Pay which is normally full wages although the duration varies greatly from about 3 months to a year. Normally increases with length of service and generally more generous for management roles.
If the accident was the fault of the company and not down to any fault/negligence of the employee then I would urge them to speak to their solicitor (or one of the many companies offering accident/injury at work claims service) but they need to do this quickly as I believe there is a 3 year time limit in which any claim has to be made. They will need a current independent assessment of the injury and access to the original accident reports and investigation (a legal requirement for the company to have completed). Or maybe they are already in the process of this but the company are stalling?
£99.35 /am?? £99.35/wk -I really hate predictive bloody text😀
Btw, SSP, besides being a miserly amount, only lasts for up to 28 weeks.