Broken Leg - Rights/Sick Pay

mactcatfootball

Hi,


I have a question about CSP/SSP. 2 weeks ago I broke my leg and have been unable to carry out my full duties since. I am a surveyor and my job requires me to drive and climb ladders, which is clearly not possible at the moment.


I informed my employer immediately and also advised them that I would like to continue working, in order to continue earning a salary, albeit in a reduced capacity.


My contract of employment entitles me to 4 weeks CSP (at the company's discretion). However, I felt that by volunteering to carry on working during this 4 weeks and for the foreseeable future that my company would look favourably upon me and continue to pay my full salary. I do have a medical certificate stating that I am able to work in a reduced capacity.


My company are yet to inform me whether my salary will be effected, however have been providing me with work to carry out from home. My question is, can my company reduce my salary in line with my reduced duties? If so, do I have any say over this, or do I simply have to take it on the chin? Also, after the 4 weeks could my employer then reduce my salary further by playing me on SSP, even though I am still working for them in some capacity?


Thanks in advance for any advice offered.

sangie595

mactcatfootball wrote: »

Hi,


I have a question about CSP/SSP. 2 weeks ago I broke my leg and have been unable to carry out my full duties since. I am a surveyor and my job requires me to drive and climb ladders, which is clearly not possible at the moment.


I informed my employer immediately and also advised them that I would like to continue working, in order to continue earning a salary, albeit in a reduced capacity.


My contract of employment entitles me to 4 weeks CSP (at the company's discretion). However, I felt that by volunteering to carry on working during this 4 weeks and for the foreseeable future that my company would look favourably upon me and continue to pay my full salary. I do have a medical certificate stating that I am able to work in a reduced capacity.


My company are yet to inform me whether my salary will be effected, however have been providing me with work to carry out from home. My question is, can my company reduce my salary in line with my reduced duties? If so, do I have any say over this, or do I simply have to take it on the chin? Also, after the 4 weeks could my employer then reduce my salary further by playing me on SSP, even though I am still working for them in some capacity?


Thanks in advance for any advice offered.

You can expect to be paid for any hours that you work. The rest, if you are sick, then you get sick pay. Anything more than that is generosity on the employers part. Have you actually asked them what will happen, instead of waiting for them to come to you?

pmlindyloo

The employer cannot alter your contract of employment, including pay, without your agreement.

https://www.tuc.org.uk/sites/default/files/extras/fitnote.pdf

However, you could have a written agreement with your employer about accepting reduced pay during this period.

The difficulty is that the employer does not have to make adjustments if they are unable to do so (for instance if it is too costly) and so could just decide that you are unfit for work and pay you the sick pay as defined in your contract (the fit note is 'guidance' only).

Therefore you need to speak to your employer and see what is the best arrangement.

You may be better off working for reduced pay then on the sick pay.

Undervalued

pmlindyloo wrote: »

The difficulty is that the employer does not have to make adjustments if they are unable to do so (for instance if it is too costly) and so could just decide that you are unfit for work and pay you the sick pay as defined in your contract (the fit note is 'guidance' only).

Under these circumstances the employer is not under any obligation to make adjustments at all and do not need to give a reason. Needing a reason (such as "too costly") would only apply if the employee had a disability. Assuming the OP's broken leg is expected to heal properly it would not be a disability for employment law purposes.

None of that is to say that the employer won't choose to be far more flexible, many do, but the default legal position is that they do not have to.

sangie595

pmlindyloo wrote: »

The employer cannot alter your contract of employment, including pay, without your agreement.

https://www.tuc.org.uk/sites/default/files/extras/fitnote.pdf

However, you could have a written agreement with your employer about accepting reduced pay during this period.

The difficulty is that the employer does not have to make adjustments if they are unable to do so (for instance if it is too costly) and so could just decide that you are unfit for work and pay you the sick pay as defined in your contract (the fit note is 'guidance' only).

Therefore you need to speak to your employer and see what is the best arrangement.

You may be better off working for reduced pay then on the sick pay.

However, the contract involves working full time and doing your entire job. So the OP is, in fact, asking to vary their contract by submitting a request to work from home and for shorter hours. Having done so the employer is entitled to vary the terms too. Most employers operate a basis of being paid for the hours you work, and sick pay for the rest. Whatever that sick pay is. Few are going to say yes, work part of the week, we won't view you as sick at all, and will pay you full wages. If they do, never leave that employer!

Tygermoth

Even though i could work from home doing my full duties, after I tore through my calf muscle, the office refused and snootily told me that if i was off sick i was off sick (ie if i wasn't in the office). As such, even though i could work a full day, just from home I was put in financial hot water by being paid SSP only. I was quite put out by this as i had been more then flexible when they had issues but i found out it only went one way.

Didn't stop them ring up to ask me 'could you just do this' or 'could you fire off an email to..'

They were quite surprised when they were told, politely, but in no uncertain terms that 'off sick means off sick'

Cheek. (left for a much better job - though i do still miss flextime the only reason i stayed so long!)

sangie595

Tygermoth wrote: »

Even though i could work from home doing my full duties, after I tore through my calf muscle, the office refused and snootily told me that if i was off sick i was off sick (ie if i wasn't in the office). As such, even though i could work a full day, just from home I was put in financial hot water by being paid SSP only. I was quite put out by this as i had been more then flexible when they had issues but i found out it only went one way.

Didn't stop them ring up to ask me 'could you just do this' or 'could you fire off an email to..'

They were quite surprised when they were told, politely, but in no uncertain terms that 'off sick means off sick'

Cheek. (left for a much better job - though i do still miss flextime the only reason i stayed so long!)

Yes, some employers aren't great. I am, however, in sympathy with the OP despite my advice (unfortunately advice is neutral and about facts, not feelings). I am currently on the other end of the spectrum, as I am currently sitting at home with a badly broken ankle. I was supposed to have retired in March, and actually did - but they begged me to stay on until they found a replacement, which I agreed to do. Seven weeks ago or so I must have broken my ankle - all we know is that I was walking on it for four weeks and struggling, but didn't realise it was broken. My GP, at my request, agreed "might be fit for work" - and my employers have fallen over backwards with adjustments. But you won't find many employers like that, unfortunately.