Sick Pay

ineedsomeinfo

Hi there,

I currently work for tesco as a dot com delivery driver. I was involved in an accident 2 weeks ago when my van was broken into and items of shopping were stolen. There was about 6 teenage boys who stole them, when they where running away with the shopping i tired to intercept some of them to get the shopping back but when i tried to grab the shopping from one of them pushed me over and i hurt my knee when falling. I had to phone the police and go to hospital. I only work part time 2 nights a week. I have now had to miss work for the last two weeks because of injury but i have have a doctors line for this. Now i only started in August. But i have now been informed that i will not recieve any sick pay. They actually said to me i would have been told not to come back if the incident had not happened at work. I'm not quite sure whether i am entitled to anything but i thought i should have been entitled to something considering this was an accident that happened at work. Can someone please give me some advice.

Anihilator

You are entitled to SSP (If you earn more than £95 a week). Anything else is a perk and in this case not required. In your case if your entitled to SSP because you work part time you probably wont be much worse off

Tesco are also perfectly correct in that they could simply tell you not to come back.

I would also imagine any policies would state you shouldnt have tried to intercept thus any sort of liability to pay out compensation from tesco wont exist.

ineedsomeinfo

Anihilator wrote: »

You are entitled to SSP (If you earn more than £95 a week). Anything else is a perk and in this case not required. In your case if your entitled to SSP because you work part time you probably wont be much worse off

Tesco are also perfectly correct in that they could simply tell you not to come back.

I would also imagine any policies would state you shouldnt have tried to intercept thus any sort of liability to pay out compensation from tesco wont exist.

So since you seem to know what your talking about, who should have phoned the police when this happened. Myself or the duty manager. As when i had to phone tesco to inform them about this the first thing they mentioned was what was stole. Also told me to continue delivering the rest of the shopping even tho i was injured and couldn't freely move my knee. HAd to drive the van back to the shop which made me knee worst. I have had absolutly no help from tesco at all, no phone call to see if i was ok nothing at all. They told me they were going to claim they're insurance, does that mean they will get money for what happened to me. Also they did not pay me for the night this happened.

ineedsomeinfo

ineedsomeinfo wrote: »

So since you seem to know what your talking about, who should have phoned the police when this happened. Myself or the duty manager. As when i had to phone tesco to inform them about this the first thing they mentioned was what was stole. Also told me to continue delivering the rest of the shopping even tho i was injured and couldn't freely move my knee. HAd to drive the van back to the shop which made me knee worst. I have had absolutly no help from tesco at all, no phone call to see if i was ok nothing at all. They told me they were going to claim they're insurance, does that mean they will get money for what happened to me. Also they did not pay me for the night this happened.

And also Tesco have no right to tell me not to come back as i have already been told by my union rep that they are not intitled to do this. He told me that i am to contact the unions lawyers.

lynzpower

Can you tell us how long youve been working for tesco?

hothothot_3

ineedsomeinfo wrote: »

Hi there,

I currently work for tesco as a dot com delivery driver. I was involved in an accident 2 weeks ago when my van was broken into and items of shopping were stolen. There was about 6 teenage boys who stole them, when they where running away with the shopping i tired to intercept some of them to get the shopping back but when i tried to grab the shopping from one of them pushed me over and i hurt my knee when falling. I had to phone the police and go to hospital. I only work part time 2 nights a week. I have now had to miss work for the last two weeks because of injury but i have have a doctors line for this. Now i only started in August. But i have now been informed that i will not recieve any sick pay. They actually said to me i would have been told not to come back if the incident had not happened at work. I'm not quite sure whether i am entitled to anything but i thought i should have been entitled to something considering this was an accident that happened at work. Can someone please give me some advice.

Were you given any training on how to deal with theft or conflict resolution, maybe in an induction session? The employer has a duty of care and by not providing with this training could be seen as negligent. Personal Injury claim would be a possibility.

hothothot_3

lynzpower wrote: »

Can you tell us how long youve been working for tesco?

My magic crystall ball says he has worked since August

Ladywriter

ineedsomeinfo wrote: »

Hi there,

I currently work for tesco as a dot com delivery driver. I was involved in an accident 2 weeks ago when my van was broken into and items of shopping were stolen. There was about 6 teenage boys who stole them, when they where running away with the shopping i tired to intercept some of them to get the shopping back but when i tried to grab the shopping from one of them pushed me over and i hurt my knee when falling. I had to phone the police and go to hospital. I only work part time 2 nights a week. I have now had to miss work for the last two weeks because of injury but i have have a doctors line for this. Now i only started in August. But i have now been informed that i will not recieve any sick pay. They actually said to me i would have been told not to come back if the incident had not happened at work. I'm not quite sure whether i am entitled to anything but i thought i should have been entitled to something considering this was an accident that happened at work. Can someone please give me some advice.

I am new here so hope that I have done this right. I think you should be entitled to something. Phone the benefits helpline on 0800 882200 advice line and ask them. claim sick is 0800 055 6688 if you get no satisfaction I would take it further if I was you.

Can I also ask you, you say you work as a dot com driver for tesco, my husband has tried to get a job with them but when he rings up he just gets an answer machine all the time. Is there another number he can ring? or maybe you can help me to help him to get back into work. It seems very hard to get a job these days. Its just an answer phone and then it cuts off. Is there another way he can apply maybe? any ideas you can email me at Deetox68@aol.com

Thanks

dmg24

Ladywriter, please remove the email address from your post. This is not allowed on MSE.

OP, how much do you earn per week? Do you have a partner that works?

Anihilator

ineedsomeinfo wrote: »

So since you seem to know what your talking about, who should have phoned the police when this happened. Myself or the duty manager. As when i had to phone tesco to inform them about this the first thing they mentioned was what was stole. Also told me to continue delivering the rest of the shopping even tho i was injured and couldn't freely move my knee. HAd to drive the van back to the shop which made me knee worst. I have had absolutly no help from tesco at all, no phone call to see if i was ok nothing at all. They told me they were going to claim they're insurance, does that mean they will get money for what happened to me. Also they did not pay me for the night this happened.

Well I would expect the first thing someone who has been robbed and assaulted to do is phone the police themselves. If they havent done that I would take it to mean its a minor incident that can be reported after they finish their shift.

If I was in serious pain I would have advised them that I had secured the vehicle at such and such and was off to seek medical treatment following which I would involve the police and ensure I had a record of these.

As for claiming their insurance it means they could be claiming for everything. In all honesty I would be surprised if they actually do as it will be too costly and I doubt they have any legal liability for your injury.

As for paying you for that night. I would expect to be paid fully for the hours I worked only. I.e up until the time of my last completed delivery.

Anihilator

ineedsomeinfo wrote: »

And also Tesco have no right to tell me not to come back as i have already been told by my union rep that they are not intitled to do this. He told me that i am to contact the unions lawyers.

Well your union rep is wrong entirely. Barring discrimination within the first 12 months you can be dismissed for anything. Unless you could get your knee declared a disability then they could dismiss you and even then they may dismiss on capability grounds.

As for contacting the unions lawyers. Unless they are shown to have breached a duty of care you will get nowhere. As for training, even in the unlikely case there is no training/policy on the issue of robbery/theft I doubt any judge would suggest its reasonable to hold an employer liable because their staff member chose the unusual action of resisting and confronting robbers.