So, how long off work is too long?!

[TSM]

Thats fine. Thanks

Originally Posted by Trampie

There are more urban myths around employment law than most subjects, so anyone who has posted here advising you to seek expert advice is wise indeed.

As a full-time trades union official and employment lawyer, I could be tempted to lecture here, but that would do you little good without detailed info as to your situation, so I'll leave my bit of advice to one simple thing; join a union.

Yes.

I cannot agree more. 100%.
My father seems to have a position very simliar to Trampie's other half, and I cannot explain how useful this is for me, and all my friends.
Labour Law can be complicated, and ignorance is rampant, on all sides. A good Union is not out to screw the emplyer, or enforce unreasonable practices. And, there are good Unions in Ireland, and AFAIK in the UK.

[northwind]

Originally Posted by mysteryjimbo

They can. Sick pay is at the companies discretion.

Yup. In my case, we get 6 months full (in any continuing year, not calendar year) and then 6 months half. But as jimbo says, it depends entirely on what's inb your contract (and colelctive agreements inferred into the contract, if applicable)

Not too sure myself but hope it all works out K

[northwind]

Originally Posted by mysteryjimbo

They can. Sick pay is at the companies discretion.

ooh, wait, that could do with clarification. SSP is a legal right, sick pay as contracted is at a company's discretion, but sick pay as a contractual term is absolutely not at a company's discretion once it's in your contract. In other words, it's up to them if they offer it, but once they've offered it it's not up to them to provide it.[/i]

Don't really know what advice to give.It all depends whats in your contract I suppose.

Some peeps in my last job had masses of time off and were eventually offered a medical severance type of deal. Some of them had only been in the job a year or so. Whats worse is some of them had very dodgy illnesses or injuries with no evidence as such but still wrangled a payout as the firm thought it would be cheaper just to give them a few grand to get them out the way.

Sorry to hear your knee is still giving you hassle. Have you tried www.kneeguru.co.uk Everything you ever wanted to know about knees on there somewhere.

KNees huh, who needs them.... At least can now go out in public without a stick or brace now. I have to go in for a check as one of the screws seems to have moved. It's not the screw moving I am worried about its the Allographs (Cadaver tendons) they are holding in place I dont want pinging about.

Originally Posted by northwind

ooh, wait, that could do with clarification. SSP is a legal right, sick pay as contracted is at a company's discretion, but sick pay as a contractual term is absolutely not at a company's discretion once it's in your contract. In other words, it's up to them if they offer it, but once they've offered it it's not up to them to provide it.[/i]

RIght and wrong there Northwind.

Once they've offered it, they can change their mind. For example. Our firm (as has been posted here in the last 5 days) offered us a decent sick benefit (not great, but satisfactory), however they didnt enforce it, they decided to pay us for every sick day we had off regardless of duration. This in the eye of the law became the new contractual agreement as is defined in employment law as "common and practice". As such, when a certain employee decided to take the micky mouse, they decided to change it back to, and enforce it, as per the contract we signed. However to do so required a change of our contracts, so we had to sign to say we agreed to the "new" terms and conditions of our contracts.

This works both ways. My best example of "common and practice" is in smoking rights at work.

My best friend is a manager of a call centre at a major financial firm. The employees under him had in their contracts a "15 minute cigarette break" during their shift. However they hadnt provided their breaks for over 6 months. As such it became the good old "common and practice" and as such they were no longer entitled to their "15 minute cigarette break".

When some one pointed out that they had signed a contract to such extent, and there was a bit of a rebellion going down, the company had to, by law, issue a new contract, exactly the same as the ones they had signed, stating that they had said break... and then they honoured it.

Common and Practice comes into force after 6 months.

Originally Posted by madmal

K, you say your knee collapsed. was this at work or in your own time was it brought on by a certain procedure you were following at work to complete a job you had been regularly asked to do

It's a long running thing, not work related.
I had ligaments replaced about 13 years ago and we had hoped that it was due to that either snapping or just becoming stretched = easy fix. Unfortunately now we know that it the cartiladge and bone degrading on one side of the joint = replacing bits.

Most of it can be traced back to my 'big bad' bike accident 18 years ago. Strangely though I did actually mention it in my interview. I distincly remember say about how it had been giving me some grief for the past couple of years if I sat still for too long, I remember that we joked that sitting still would not be much of a problem.

Originally Posted by madmal

the fact you returned to work on one crutch speaks volumes in itself.

Does it. Oh. Are they good volumes or bad ones from my point of view?

Originally Posted by madmal

generally speaking, an employee off work on account of sickness or injury is entitled to SSP for up to 28wks abscence. for periods of abscence after 28wks, incapacity benefit may be payable by the DSS.

Yeah, I was on two weeks full pay then two weeks half pay, now I'm on the joys of SSP and sadly relying on Ebay to provide some extra moolah to pay the bills. The upside is that I'm slowly managing to get rid of some of the crap lying about the house!

I'm trying to get Disability Living Allowance too but it's like trying to get blood out of a stone. Due to a slight ****-up on the initial forms it's been turned down twice and I'm now on my final appeal - the tribunal for which is this afternoon!

Originally Posted by madmal

keep a diary of all visits to doctor, all calls to work etc. hopefully you'll be better soon but if your firm try any threatening tactics, you have more than enough information to take procedings further.

Yup, already got one. Well, two infact. I've always kept a notebook record of my knee stuff simply because it's gone on for so long I would forget when things happened/who I've seen etc - which of course, every new Dr or Consultant I see asks. I started to keep one regerding my time off work specifically when they tried to give me the written warning - basically because I found my notes from the main 'diary' very useful in fighting that.

I'm not in a Union, but I will look into it.

Part of the problem in trying to get advice about this is a) the cost, but mostly b) with my mobility problems actually getting in to see someone is somewhat problematic.

Until I get DLA I can't even hope to get a crippo parking badge because that's the way Northampton Council run the system. You have to be in receipt of one to get the other. Gits.
Parking in Northampton is pretty crappy at the best of times. At least in my nearest Tescos they have a load of Parent & Child spaces that are closer to the door than the crippo spots - even though I get the occasional abuse from soem Mums I've learned to ignore them...

... or shake one crutch at them and just go "Meh" in my best crotchety bitch voice.

That particular Tescos also has two electric golf cart things that I can borrow so I can actually make it round and do my own shopping. Which I have to say is great fun. Whilst it can't do wheelies or stoppies, it does make a fantastic squeal when you hammer it full throttle round a corner.

It is good to know that they can't sack me without me being there. It'll be interesting to see what happens when I go back, though that could be anywhere between 3-5 months if I can't get back onto one crutch.

I could see them offering me some kind of 'package deal' if I am going to be off for that long though. Mainly because I currently don't have any protection under the 1995 Disability Act Thingy. I have to have been suffering from my current mobility issues for at least 12 months before that starts to apply. Which will make things alot harder for them I guess.

I s'pose that if anything's going to happen it'll probably be before then (end July '06).

[northwind]

Originally Posted by getyerkneedown

Once they've offered it, they can change their mind.

Yup, but not unilaterally. Which is really what matters.

Originally Posted by K

I'm not in a Union, but I will look into it.

Unions frown about being called in just for their muscle. When you sign up, give it a week or so and then tell them you think you have a problem.

I have recently had to rely on a union over a problem with my last employer. I joined so that I could use their advice on how to handle my situation, which was very handy....

Best of luck.

.[/quote]