RSI - Sickness Payments Advice

Lindsay_C

Hi,

I'm just returning to work (part time only for a couple of weeks) after having 6 weeks off after being diagnosed with RSI/Tendonitis - I'm a secretary.

I've just received my pay for this month and they have only paid me SSP which is considerably lower than i would usually get monthly!

The two issues which are bugging me are:-

I tried to come back in after receiving a Fit for Work certificate stating "amended duties" i.e. not really any typing etc. I was told by work not to come in at all until it was better as they had nothing for me to do - yet i have been paid sick pay for attempting to come in, if you see what i mean?

Secondly, this incident may not have ever happened had i been supplied with the right working equipment. I have only now received a rest for my keyboard and mouse, my monitor is too low and i have a chair that does not actually move and in no way supports my back/neck!

I'm not really sure whether i should or even can do anything about this - is there any advice?

SarEl

There are two separate issues here. The first one is about whether your injury was caused by the employers actions (or inactions), and whether that can be proven.

The second is the issue of sick pay. And on that one there is nothing you can do as your employer is in the right legally. With the new fitness notes, a doctor can (a) sign you off sick (b) say that you are fit for limited duties or (c) sign you as fit for work. If the doctor says that you are unfit to do your normal job (all of it), but may be able to do reduced duties, that does not entitle you to reduced duties - it is advice to the employer. So if the employer says that there is no work to do that does not involve the duties which you have been medically certified as sick for, then you are off sick. And sick pay therefore applies in accordance with your contract. You are not entitled to "better sick pay" or "pay" because you allege that the sickness was caused by the employer - if you claim that then you must make a legal claim of negligence.

The only circumstances where normal pay is required (for a time) is when an employer medically suspends someone who is not in possession of a sick / fitness note. So if you were to be declared fully fit for work and all your normal duties, and they then refused to have you back, they would then have to pay you your normal wage.

Lindsay_C

SarEl wrote: »

There are two separate issues here. The first one is about whether your injury was caused by the employers actions (or inactions), and whether that can be proven.

The second is the issue of sick pay. And on that one there is nothing you can do as your employer is in the right legally. With the new fitness notes, a doctor can (a) sign you off sick (b) say that you are fit for limited duties or (c) sign you as fit for work. If the doctor says that you are unfit to do your normal job (all of it), but may be able to do reduced duties, that does not entitle you to reduced duties - it is advice to the employer. So if the employer says that there is no work to do that does not involve the duties which you have been medically certified as sick for, then you are off sick. And sick pay therefore applies in accordance with your contract. You are not entitled to "better sick pay" or "pay" because you allege that the sickness was caused by the employer - if you claim that then you must make a legal claim of negligence.

The only circumstances where normal pay is required (for a time) is when an employer medically suspends someone who is not in possession of a sick / fitness note. So if you were to be declared fully fit for work and all your normal duties, and they then refused to have you back, they would then have to pay you your normal wage.

To be honest that's what i thought - i just feel a little hard done by as this injury COULD have been prevented if the right equipment had been in place. Even now i'm worried because only the rests have arrived that this will happen again - and i really cannot afford for that to happen!

Savvy_Sue

There should be a poster up in the workplace (unless you're very small) which says who is responsible for H&S in your workplace. I'd go to them and ask what is happening about your chair, and that you need a monitor stand. These things don't cost a lot but are essential.

Lindsay_C

Savvy_Sue wrote: »

There should be a poster up in the workplace (unless you're very small) which says who is responsible for H&S in your workplace. I'd go to them and ask what is happening about your chair, and that you need a monitor stand. These things don't cost a lot but are essential.

Honestly, there's nothing! Believe it or not i actually work for solicitors as well!

I've still got an old monitor that you couldn't have a stand with - this has been ongoing for three years now as well :mad: