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I was assaulted at work from a costumer and it resulted in…

I was assaulted at work...
I was assaulted at work from a costumer and it resulted in to a serious head injury, I have total loss of my left side hearing, total loss of balance and brain injuries. I am still recovering at home and receiving treatment from different departments of the NHS. This happened on the 9th April 2013. Since that time my company has been paying my full wages. on the 19th July I send my last non fit to work note from the doctor saying that I will be back to work on the 19th September. Straight away on the same day I received an email with a letter saying that the company will carry on supporting me but they will stop paying me and get me on SSP. The pay day is on the 26th July and this was effective from the same month. On my contract the company has a SSP payment discretionary. I work for this company since 21/06/2010.
I would like your help as this attack happen because I was following company policy and carry on my duties. I was doing what my boss told me to do and I was attacked. They didn't give any notice prior my email regarding my latest sick note and there is no much notice saying that I will not been paid in full, 4 working days noticed.
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Answered in 6 hours by:
7/25/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,216
Experience: Qualified Employment Solicitor
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Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


It is not uncommon for employees to be entitled to full sick pay for a set period, after which their entitlement will either drop to half pay or expire altogether. Such reductions could either be clearly stated in a contract or policy, or simply be left at the employer’s discretion.


 


If an employee has been in receipt of discretionary sick pay and the employer wishes to terminate such payments, it may be advisable to give at least a month's notice to the employee. Alternatively, the employer should consider reducing their pay gradually so that the employee does not simply go from full pay to half pay or no pay in a short period of time.


 


Similarly, if medical evidence shows that the employee may be able to return to work in the near future and they have only just lost their sick pay entitlement, it may be appropriate to continue paying the employee for the remainder of their absence. If there is no definitive return date, the employee has already received sick pay for some time and their entitlement has expired, the employer may be justified in terminating discretionary sick pay.


 


Finally, employers rarely have absolute discretion in relation to discretionary sick pay and it is governed by the implied contractual term of mutual trust and confidence. This term generally requires employers to act fairly and not irrationally when dealing with their employees. If an employer does not act in an even handed manner that could breach this particular term and give the employee the opportunity to raise a grievance and even consider resigning and claiming constructive dismissal, subject to having at least 2 yearss continuous service with the company.

Customer:

Hi Ben,

Customer:

Thanks for your reply today.

Customer:

As I said on my contract there is no clause regarding sick pay just that it is employer discretion to make the payments.

Customer:

My thoughts are that this attack was carried during my working hours and when I was executing my duties.

Customer:

Doing what my boss says to me. I had 2 choices do what my boss says and it resulted in to this attack or ignore it and been warning for ignoring his orders but I would not been injured and would not result on me been disable for the rest of my life.

Customer:

Also they only give me the notice of 4 working days that they will stop the payment and was just few hours after I handed my last sick note. As I am aware we have insurance to protect the staff and to use when needed to assist on medical reasons or accidents. In this case nothing was initiated and no support was offered.

Customer:

Hi Ben,





10:40 AM



Thanks for your reply today.






10:40 AM



As I said on my contract there is no clause regarding sick pay just that it is employer discretion to make the payments.






10:41 AM



My thoughts are that this attack was carried during my working hours and when I was executing my duties.






10:43 AM



Doing what my boss says to me. I had 2 choices do what my boss says and it resulted in to this attack or ignore it and been warning for ignoring his orders but I would not been injured and would not result on me been disable for the rest of my life.






10:46 AM



Also they only give me the notice of 4 working days that they will stop the payment and was just few hours after I handed my last sick note. As I am aware we have insurance to protect the staff and to use when needed to assist on medical reasons or accidents. In this case nothing was initiated and no support was offered.



Customer:

can I get a more elaborated reply please as this is computerised

Ben Jones :

Hello sorry I was away for a few days. I am afraid it is irrelevant whether these injuries were caused whilst you were performing your duties, during working hours, or by someone linked to your job. You may get separate rights under personal injury laws to claim compensation if you have been injured because of the employer's or one of their agents' negligence, but that would not affect your right to sick pay. This is an entirely separate right which is governed by your contract of employment and what I mentioned in my earlier reply. So if there is nothing about sick paying your contract it would be entirely at the employer's discretion whether you get sick pay and if they have started paying you some then they should at least give you reasonable notice before stopping it, but it would not prevent them from stopping it in the first place.

Customer:

Hi,

Customer:

Thanks for your reply. They only told me on the 19th at 8pm that they wouldn't pay this month and payslip is dated of the 26th July. So they actually gave me only 4 working days notice and backdated the notice as my last payment was 28th June. They are 3 weeks within the notice already. They should pay me until the 19th July which is the date I received the notice that they wouldn't pay me. Also that coincides with the same day I served my last unfit to work note.

Ben Jones :

Whilst a reasonable notice may not have been given here, this is not going to be easy to challenge. The absence of a specific sick pay clause means that the employer cannot be accused of breaking something written in black and white and what they have done is simply breached an implied practice which is open to interpretation and not linked to anything that is specifically written down. The lack of a reasonable notice period in terminating sick pay will only amount to a potential breach of trust and confidence by the employer. The only way to challenge this is by raising a grievance and then considering resigning and claiming constructive dismissal. As you can see the final option you have is quite drastic and can be risky so it is something you should think about carefully before pursuing

Ben Jones :

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,216
Experience: Qualified Employment Solicitor
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