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Author CS folks with SSP etc knowledge...
RichR
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Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
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20th Sep 13 at 15:24   View Garage View User's Profile U2U Member Reply With Quote

You are entitled to full holiday pay for the period of your sick leave; IMO its morally wrong to take holiday pay for a period of sick leave but that's the law and holiday pay will be at your full rate of pay not SSP so I'd get in touch with your employer to ask about your holiday pay accrued during sick leave, this should sort out your current predicament
SVM 286
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Registered: 13th Feb 05
Location: pain
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20th Sep 13 at 15:24   View User's Profile U2U Member Reply With Quote

No. I'm not really a litigious person Davey. I'd just like a quiet life and to get on.

Also, they are a really old family business who had just put themselves in hock to move to bigger premises and things were really quiet when I started.

I had only worked there a couple of weeks, as my last governor had retired and sold his premises to a property developer. These guys were buying garage equipment from him and enquired about my circumstances. They basically gave me a job on the spot after a very short visit.

I was out of work/in between jobs, for four days

They were really fair to me and the last thing i'd want to do is cripple them financially or take any more money out of their pockets.

It'd be different if it was tescos
SVM 286
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Registered: 13th Feb 05
Location: pain
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20th Sep 13 at 15:26   View User's Profile U2U Member Reply With Quote

I hadn't been with them long enough to accrue any holiday Lee
RichR
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Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
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20th Sep 13 at 15:33   View Garage View User's Profile U2U Member Reply With Quote

you accrue holiday time during sick leave too
RichR
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Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
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20th Sep 13 at 15:34   View Garage View User's Profile U2U Member Reply With Quote

if you get 20 holiday days a year and you're on sick leave for 28 weeks, you'll have accrued 10 full holiday days on full rate of pay.
SVM 286
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Registered: 13th Feb 05
Location: pain
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20th Sep 13 at 15:43   View User's Profile U2U Member Reply With Quote

I didn't know this. I've always been told the opposite in the past. By employers of course.
RichR
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Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
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20th Sep 13 at 15:45   View Garage View User's Profile U2U Member Reply With Quote

https://www.gov.uk/employers-sick-pay/overview
Cole
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Registered: 11th Nov 02
Location: eastbourne Drives:zafira sold now a qashqai
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20th Sep 13 at 15:48   View User's Profile U2U Member Reply With Quote

In regards to compensation they should have insurance to cover such things guy at my work has just been paid £840k for losing the tips of 3 fingers the insurance paid for that
SVM 286
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Registered: 13th Feb 05
Location: pain
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20th Sep 13 at 15:51   View User's Profile U2U Member Reply With Quote

Interesting.

It does state on that form that there's a maximum number of weeks SSP payable and that exceeding it is an acceptable exception for further payments.

It says they need to supply me with form SSP1 too.
SVM 286
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Registered: 13th Feb 05
Location: pain
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20th Sep 13 at 15:52   View User's Profile U2U Member Reply With Quote

Blimey Cole! That's a chunk of money.

I'd be happy with half that
PhilC
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Registered: 21st Jan 06
Location: Lancs, UK
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20th Sep 13 at 16:29   View User's Profile U2U Member Reply With Quote

My Mrs. is just going back to work after a very similar thing. Her SSP expired in July. Her L5 disc has to be partly removed as it was bulging into some nerves.

They asked for sick notes etc. Fill in a load of forms and then gave her £76ish a week.
James
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Registered: 1st Jun 02
Location: Surrey
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20th Sep 13 at 16:33   View User's Profile U2U Member Reply With Quote

You should definitely make a claim. They may be a small company but that doesn't mean you should lose out IMO.

If they don't have the relevant insurances in place, that's their own problem.

Maybe I'm a bit harsh
SVM 286
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Registered: 13th Feb 05
Location: pain
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20th Sep 13 at 16:36   View User's Profile U2U Member Reply With Quote

I know I probably should James, but I just don't have the heart to
SVM 286
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Registered: 13th Feb 05
Location: pain
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20th Sep 13 at 16:38   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by PhilC
My Mrs. is just going back to work after a very similar thing. Her SSP expired in July. Her L5 disc has to be partly removed as it was bulging into some nerves.

They asked for sick notes etc. Fill in a load of forms and then gave her £76ish a week.


Phil, when did she have her op? How successful was it? How long was her recovery period?
Cheers Chief
RichR
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Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
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20th Sep 13 at 16:39   View Garage View User's Profile U2U Member Reply With Quote

We're currently being pursued by a past employee for 'work related exhaustion'. If that stands up then a physical injury such as your's should
SVM 286
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Registered: 13th Feb 05
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20th Sep 13 at 16:41   View User's Profile U2U Member Reply With Quote

Hmmm.
Rob R
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Registered: 31st May 03
Location: Kent
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20th Sep 13 at 17:51   View User's Profile U2U Member Reply With Quote

A lot of what your company has done seems very out procedure.

Any accident at work needs to be investigated to make sure safe systems of work have been followed and you have carried out your duties to the way you have been trained. Any training should be documented and signed by you and your company.

If all of the above hasn't been completed and you reported to someone at the time you've had an accident/ sustained an injury then you'd have a good case for a claim against them.
SVM 286
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Registered: 13th Feb 05
Location: pain
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20th Sep 13 at 18:20   View User's Profile U2U Member Reply With Quote

That's motor trade for you though Rob.

It doesn't tend to operate like things do in places like banks, or offices, or supermarkets etc.

Every day at work is a bit of a gamble really.

I had a 911 on my hand when I was an apprentice because my governor was a snow blowing wanker and completely distracted. Thought I was going to pass out from the pain.

Just did nothing for the rest of that day, then went home and iced my hand and put up with the pain for the next couple of weeks. It was the only time he wasn't an unbearable cunt to me in the two years I worked for him.

You don't tend to get looked after in any way, shape or form in the motor trade. It's pretty dire and still has a lot of archaic working practises.

It's a case of like it or lump it usually.

And when you know no other trade and have no other qualifications, you have little choice.

I presently have no choice at all, as I am incapable of leaning over an engine or picking things up.

The other worrying thing is that almost all of my tools are there and I have no real way of moving them.
Rob R
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Registered: 31st May 03
Location: Kent
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20th Sep 13 at 20:52   View User's Profile U2U Member Reply With Quote

Trade doesn't matter, any job where manual handling is needed will require safe systems of work and risk assessments put in place. This is not only to protect the employee, but also the employer.

[Edited on 20-09-2013 by Rob R]
SVM 286
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Registered: 13th Feb 05
Location: pain
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20th Sep 13 at 21:17   View User's Profile U2U Member Reply With Quote

Oh i'm aware of that Rob, but it's usually a case of going through the motions. They put the signs up for legality's sake, but nothing is really adhered to.

When I worked in a rather flash looking franchised dealership, the workshop floor was tiled incorrectly. They looked lovely, but were the wrong tiles for a workshop floor.

It was like an ice rink most of the time. Loads of people went over and hurt themselves and nothing was ever done about it. And as far as I know, no claims, compensations, or prosecutions were ever brought.

I for one, went over REALLY badly on my knee that had been operated on only a couple of years prior. The pain was staggeringly bad and my knee looked like a cross between steak tartare and melon.

I couldn't walk or stand properly and my service manager actually asked me to come into work the next day, so I did, because if I didn't, it would have been bad for me. I came in to work in a lot of pain and in a knee support. I limped for weeks.

A friend of mine works for a very prestigious manufacturer and even they have a very poor attitude/approach towards staff amongst other things.

It never really changes in my trade. They seem to consider staff an expendable commodity.
3CorsaMeal
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Registered: 11th Apr 02
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20th Sep 13 at 21:45   View User's Profile U2U Member Reply With Quote

All I can offer is to suggest investing in one of them power loaders from alien film.

Would pay for itself. You know it makes sense.
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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20th Sep 13 at 21:52   View Garage View User's Profile U2U Member Reply With Quote

I don't believe a guy was paid 840k for losing the tips of three fingers, people lose whole limbs and only get tens of thousands
Rob R
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Registered: 31st May 03
Location: Kent
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20th Sep 13 at 23:17   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Steve
I don't believe a guy was paid 840k for losing the tips of three fingers, people lose whole limbs and only get tens of thousands


Rupee's maybe?
Cole
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Registered: 11th Nov 02
Location: eastbourne Drives:zafira sold now a qashqai
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21st Sep 13 at 06:30   View User's Profile U2U Member Reply With Quote

Dteve it was more than just his tips tbh the saw cut across his hand diagonally so he lost 1 full finger then smaller amounts across the rest.
RichR
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Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
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21st Sep 13 at 09:03   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Steve
I don't believe a guy was paid 840k for losing the tips of three fingers, people lose whole limbs and only get tens of thousands


The guy trying to sue us for Work Related Exhaustion is seeking £663k!! All that for a made up illness

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