SSP, Holiday Allowance and a Car Accident

sangie595

I think the crux of this is that the OP believes that they have "lost" annual leave. They haven't. They had their annual leave. Maybe, just maybe, a very generous employer might have let them have some or all of it back (and that would be a very generous gesture) providing they accepted the loss of pay which would result if they had ended up coming straight back and going to the GP. But they didn't. They stayed on for the holiday, and the only obvious inconvenience appears to have been coming back a few hours earlier.

OP I would strongly advise you not to push this. You are on very weak ground as it is. Do you really want to add more sick leave to the (at least) two weeks off sick, when employers can consider dismissal for people who take too much time off sick? His loss of earnings will be made up as part of the claim against the other driver. But keeping his employer on board and happy may be very important. Accidents like this may result in very minor injury and a couple of bad weeks at most. But occasionally it might be worse than that. Do you really want to get into an argument with the employer about sickness and holiday, have to probably pay back wages that you've already had or are about to receive, and risk annoying them over ten days when you might need them to be generous if there are complications in the medium off longer term. In your shoes I'd want the employer on board. They'll also get their SSP back as part of the claim, so everybody can be happy. Best keep it that way?

FBaby

The rule within my organisation (not sure if it's the law or their policy) is that you can't claim sickness in lieu of holiday for the first 7 days, ie. before you require a sick note. After that, you could indeed claim sickness instead of holiday, but you would need to have gone to the GP for a sick note as you would have to have done if you were not on holiday.

I don't understand why you think your OH should be entitled to something that he wouldn't have been entitled otherwise (ie. didn't get signed off for the period he wants to be paid SSP for)? Surely if he was so ill whilst on holiday, he should have gone to the GP then rather than wait to come back and go to be signed off.

Leo2020

I'm came to ask for advice on his rights. I don't claim to know his rights. Just what I thought he was entitled to.

We decided to stay at the caravan because they longer we stayed the less pain we were. Driving back straight away to see his GP was not on the cards because he couldn't have driven back or sat on a train without being in significant pain.

We did not think about this until afterwards and we were not aware that a sicknote could not be backdated. We assumed because there was a hospital records the GP could just sign him off from then.

Please don't say our only inconvenience was going back a few hours early sangie595. You were not involved in the accident. I appreciate this has nothing to do with employment law but spending time sorting out everything after an accident, plus having no clothing for several days not being able to go on any of the trips we wanted was more than a bit inconvenient. Also not being able to sleep at night due to thinking about the crash is more than a bit inconvenient. Worrying about the affect on my children is more than a bit inconvenient. Struggling to carry my phone and wallet, never mind anything heavier...etc...

I appreciate advice on his rights and that is what I've come here for. Please don't tell my my only inconvenience was going back a few hours - you were not there.

bspm1

Leo2020 wrote: »

I'm came to ask for advice on his rights. I don't claim to know his rights. Just what I thought he was entitled to.

We decided to stay at the caravan because they longer we stayed the less pain we were. Driving back straight away to see his GP was not on the cards because he couldn't have driven back or sat on a train without being in significant pain.

We did not think about this until afterwards and we were not aware that a sicknote could not be backdated. We assumed because there was a hospital records the GP could just sign him off from then.

Please don't say our only inconvenience was going back a few hours early sangie595. You were not involved in the accident. I appreciate this has nothing to do with employment law but spending time sorting out everything after an accident, plus having no clothing for several days not being able to go on any of the trips we wanted was more than a bit inconvenient. Also not being able to sleep at night due to thinking about the crash is more than a bit inconvenient. Worrying about the affect on my children is more than a bit inconvenient. Struggling to carry my phone and wallet, never mind anything heavier...etc...

I appreciate advice on his rights and that is what I've come here for. Please don't tell my my only inconvenience was going back a few hours - you were not there.

Sangie said the only obvious inconvenience, not the only inconvenience. You have since added more inconveniences as the thread as progressed.

All the above points re pain, out of pocket expenses, trauma, loss of pay through work (now) will be covered through Insurance.

You asked about SSP and in my opinion did not get the answer you thought you should get.

Leo2020

bspm1 wrote: »

Sangie said the only obvious inconvenience, not the only inconvenience. You have since added more inconveniences as the thread as progressed.

All the above points re pain, out of pocket expenses, trauma, loss of pay through work (now) will be covered through Insurance.

You asked about SSP and in my opinion did not get the answer you thought you should get.

That is your opinion.

I did not know what the answer would be.

Several "answers" on this thread have not been answers but just questioning why.

I think it is "obvious" that there was more inconvenience than just going home a few hours early - I think that is fairly obvious. But then maybe not to sangie.

I have done my best to explain the situation including why we did not go straight home. This seems to be crux of the issue, if we had been well enough to go home and seen his GP then he could have claimed SSP but if we had been well enough to go home then chances are he wouldn't have need to claim SSP. Bit of a catch 22 situation really.

Neither us have been in the situation before, all we were aware of is that it is possible to claim SSP if you are off sick just before of during your holiday. What I didn't know is that we needed to find a way to return home straight away even if this mean't being in pain. It was not something that occurred to either of us.

We thought because we had been to hospital and he had already informed his employer he could go to the GP and get a sick-note. Others we have spoke to thought the same. We are not the only ones. Of course we now know for future reference but I hope to never have to use this knowledge again.

Darksparkle

Leo2020 wrote: »

That is your opinion.

I did not know what the answer would be.

Several "answers" on this thread have not been answers but just questioning why.

I think it is "obvious" that there was more inconvenience than just going home a few hours early - I think that is fairly obvious. But then maybe not to sangie.

I have done my best to explain the situation including why we did not go straight home. This seems to be crux of the issue, if we had been well enough to go home and seen his GP then he could have claimed SSP but if we had been well enough to go home then chances are he wouldn't have need to claim SSP. Bit of a catch 22 situation really.

Neither us have been in the situation before, all we were aware of is that it is possible to claim SSP if you are off sick just before of during your holiday. What I didn't know is that we needed to find a way to return home straight away even if this mean't being in pain. It was not something that occurred to either of us.

We thought because we had been to hospital and he had already informed his employer he could go to the GP and get a sick-note. Others we have spoke to thought the same. We are not the only ones. Of course we now know for future reference but I hope to never have to use this knowledge again.

Whether you stayed at the caravan or went home isn't really relevant. What's relevant is what he told his employer and his employers policy for sick absence during annual leave. Did he tell his employer from the outset that he wished to cancel the annual leave and take it as sick leave? Or has he only questioned this once his annual leave ended and he obtained the sick note? Unless he actually told his employer at the time he wanted to be treated as sick and not annual leave then they were to know in order to pay SSP instead

sheramber

You could have gone to a doctor local to the caravan site. A doctor can charge for a fit note for the first 7 days of sicknesS as it is not required for SSP.

You normally self certify the first 7 days when you return to work but you are only paid SSP for the last 4 days. Thereafter you need a fit note.

I suggest your husband speaks to his employer about whether he can now self certify the first 7 days and hand in his fit note for the following period.

Nobody here can tell you what your husband's employer will do.

Does your husband get sick pay from his employer if he is off sick? In that case his employer will claim the SSP and put it towards his pay.

Or will he lose his pay while he is off sick. SSP is £92.05?