Sick leave

[rolf]

Has anyone heard of not being paid on sick leave. We have someone in our office in 8 years and off sick and have sick line, just wondering if they can stop wages, think not but not 100%.

[keithposty]

forget all the bovine excrament about stopping wages while on the sick.

be it on the sick or not, unless by either a court order or statute provision, the employer cannot touch your wages without your permission.

they can stop it for abandonment of duty for example, or while off sick and not informing your managers, or failure to give sick notes.

i am in the catagory about sick notes at the moment after having a big opperation on my knee last week. their is no way in hell i can get to my gp for a sick note, but they are aware of that

they key is informing your manager on how long you will prob be off for

please tell me more on the problem in your office

[mazza111]

Rolf did they get their sick note in on time. This happened with me one of the times. Got cut by 2 days one week and paid what I was owed the next week. So got a tax rebate one week and hit with extra tax the next week.


Keith, do u mind me asking what kind of surgery you've had. They are talking about doing a full knee reconstruction on my daughter, not sure whether she should try and put it off for a couple of years or not, she's only 21. And about your sick note. Would your GP not write one for you if you called him knowing that you've had an op? Mine would, given that you can't get out and about atm, might be worthwhile giving them a wee call to find out :)

[keithposty]

Rolf did they get their sick note in on time. This happened with me one of the times. Got cut by 2 days one week and paid what I was owed the next week. So got a tax rebate one week and hit with extra tax the next week.


Keith, do u mind me asking what kind of surgery you've had. They are talking about doing a full knee reconstruction on my daughter, not sure whether she should try and put it off for a couple of years or not, she's only 21. And about your sick note. Would your GP not write one for you if you called him knowing that you've had an op? Mine would, given that you can't get out and about atm, might be worthwhile giving them a wee call to find out :)

i have had the full knee job,

i have just had another op as the first was a disaster, mine started with torn ligaments.

to be honest i wish i never let the surgeon near me but what is done is done

knee replacement is "it either works or it does not" no guarantees

21 seems a bit young, i am 48 and was told its a no, no normally below 60 as they only last 15 years max

ref the sick note

the doc gets all records from the hospital so getting the doc to fill out the sick note is not the problem

me being on my own its getting the sick note from the surgery to the delivery office (ime on crutches)

[justdeno]

I had a knee op last year, hospital gave me a sick note for 8 weeks, posted it on the way home. Never heard of not getting sick pay, you can do a self certificate for the first 5 days, but you must contact RM.

[daveyeff]

got mine done last august, was in absolute agony for the first 4 or 5 weeks, didnt think i,de get back on delivery, but slowly and surely got back into my stride, after months of heavy and strict physio. im now back on full delivery (park & loop, 4hrs 45m delivery) they told me if you dont commit to physio religiously, then the knee replacement will definately not work. only trouble is, me other one is on the way out now,,,,bloody hell.

[mazza111]

Yeah that's what's worrying me keith. A full reconstructive surgery at 21 can't be good. But looking at the options.... The patella is slipping every step she takes. Even dislocating when she's asleep. It's got so bad at times she has to physically yank it back into place. Would be half the battle if it stayed there! She starts physio next week to build up the strength in the surround muscles, pre surgery. She's still convinced she's just hyper mobile, I'm convinced she's got hypermobility syndrome which is a whole new ball game. Surgery doesn't always work well for people who are hypermobile either so we're gritting out teeth atm and hoping the physio will give her a wee bit of stability.

[Red Robbo]

forget all the bovine excrament about stopping wages while on the sick.

be it on the sick or not, unless by either a court order or statute provision, the employer cannot touch your wages without your permission.

they can stop it for abandonment of duty for example, or while off sick and not informing your managers, or failure to give sick notes.

i am in the catagory about sick notes at the moment after having a big opperation on my knee last week. their is no way in hell i can get to my gp for a sick note, but they are aware of that

they key is informing your manager on how long you will prob be off for

please tell me more on the problem in your office

"the employer cannot touch your wages without your permission." Keithpostie you gave three reasons how the employer could stop your wages, in those reasons where does it say they need your permission ???

[keithposty]

unless deduction are being made in accordance with statute provision, liability order,CSA,CCJ etc

the employer will need your signed authority to deduct your wages

Section 13 Employment Rights Act

abandoment of duty, (they are not going to keep paying if after investigation, going to your house to try and see if you are well,sick etc (duty of care) not supplying sick notes when requested if they are late,

my leg is in plaster for example, how the hell do i get to my GP for a sick note, common sense must prevail

reasonable dialogue must be maintaind, without it the employeer will be justified in witholding wages


in those circumstances RM would be justified in stopping your wages as all avenues have been explored

even in taking money back through OVER PAYMENT of wages their are strict guidelined to adhere to.
royal mail state that the employee will be resposable to refund any overpayment, it does not say how
even if it is contractual,

Unfortunately, whilst the employer may be able to legally recover these overpayments, common sense and good practice dictate that such deductions should be agreed with you in a way that doesn't cause undue hardship to you.

The basic elements of the employee's defence to recoupment are

1) Payment received in good faith
2) Over a period of time
3) Acted upon to change your position i.e to buy something you would not have done otherwise

As soon as the first deduction is made, you could bring a claim in an ET that it is unlawful on this basis - but only if you have the stomach for the fight!

you use the estoppal legislation against the employeer

for an employeer to arbitrarily stop your wages through spite is a serious no,no without just cause

[walkertom]

Hi there,

I know someone whose pay was stopped recently. The reason given by the DOM was that ATOS had said he is fit for work. (ATOS didn't, they said "fit for work if 1,2&3 recommendations are followed"). The DOM just ignored the bits he didn't want to follow. It is part of an ongoing ET as victimisation.

So keep all the letters and write in your diary.

Good Luck.