Unfit for work

[fiveyearplan]

Hello - my daughter (aged 21) has been in her current job just over 2 years. She is a fully qualified hairdresser although she is still doing the duties of a junior (that is another story for another time!). She broke her finger 10 days ago but has still been shampooing clients hair as well as all her other duties. We went to the fracture clinic this morning and they have given her an 'unfit for work' medical note saying she is unfit for work for 2 weeks. She went in to work to tell her boss and he is extremely annoyed and wants to speak to her once the salon closes this evening. She has stayed on today and is answering the phones and generally helping out.

The Consultant at the fracture clinic has referred her to another hospital and they made an emergency appointment for her to see a plastic surgeon as her finger isn't healing as it should and if the bone and ligaments don't heal correctly she could be left unable to bend her finger.

She doesn't think she has a formal contract of employment but remembers signing something when she started. He pays her less than minimum wage and she doesn't get paid holidays or sick days. In the 24 months she has been there she has had one week off as unpaid leave and one week off for an operation she had and another one or two days ad hoc leave (all unpaid).

My questions are

• does she have any rights should he decide to dismiss her because she is unfit for work and this is their busiest time?
• are they any implications for her or the salon if she works through her unfit period (ie would he be liable for anything)?

Many thanks for any advice!

[wales01man]

Re: Unfit for work

think he employer is breaking several laws here?

[strong123]

Re: Unfit for work

Hi

If your daughter is "signed off" as unfit for work, I believe the employer is breaking the health and safety regulations.

An employer should not have a person working who has been signed off of work within the time they are signed off from and too unless the employee produces a certificate from G.P/consultant etc. stating that they are "fit for work"

With regards to minimum wage, holiday etc. your daughter really needs to get a copy of whatever it was she signed when she began employment so she can look it over. I'm pretty certain minimum wage is set to be just that meaning that it is illegal to pay less than that, however I may be wrong as it may just be a marker. Someone with better knowledge of that I'm sure will be along soon.

[strong123]

Re: Unfit for work

Sorry also, I am not suprised your daughters finger isn't healing, how can it when she uses it to wash hair! My point is the doctor has probably signed her off because he/she see's that becuase of the natre of your daughters job her finger is not being given the chance to heal.

It would be like a shop assistant who had to be on their feet all day on the shop floor breaking their ankle but still standing on it all day! where as if you break your ankle and like me you sit behind a desk it more probable that you would be able to work within a certain period. Again even then you would have to obtain a letter from you gp saying this was ok.

[charitynjw]

Re: Unfit for work

Apart from possible H&S implications & possible problems with Employer's Liability Insurance , & the minimum wage issue , the employee is entitled to a statutory minimum of 28 days paid holiday .

Regardless of the job description, if the employer has control over the employee (ie can dictate when the employee works, or if the employee cannot send someone else into work in their stead, etc), an Employment Tribunal is likely to find that the employee is under a contract of employment.

As your daughter has been employed for over 2 years, she will have full employment rights.

[CleverClogs]

Re: Unfit for work

And what about her right to Statutory Sick Pay?

Will Simon Legree pay her?

[bluebottle]

Re: Unfit for work

Apart from possible H&S implications & possible problems with Employer's Liability Insurance , & the minimum wage issue , the employee is entitled to a statutory minimum of 28 days paid holiday .

Regardless of the job description, if the employer has control over the employee (ie can dictate when the employee works, or if the employee cannot send someone else into work in their stead, etc), an Employment Tribunal is likely to find that the employee is under a contract of employment.

As your daughter has been employed for over 2 years, she will have full employment rights.

Totally agree with you, Charity.

It is likely the employer has, by their actions, invalidated their Employer's Liability Insurance. It is an offence to employ persons without there being in force a valid Certificate of Employer's Liability Insurance. The penalty is a fine of up to £70,000.

With regard to the issue of the bone not healing properly, this could be due to a number of things and the consultant at the Fracture Clinic appears to be acting pretty quickly by arranging an emergency consultation with a plastic surgeon at another hospital. The OP's daughter's employer, in my view, needs to be given a damned good talking-to by a Health & Safety Inspector as to their legal obligations under Health & Safety at Work legislation

However, the employer may be set in their ways and think matters are cut and dry (or is that cut and blow-dry?).:santa2:

[CleverClogs]

Re: Unfit for work

The OP's daughter's employer, in my view, needs to be given a damned good kicking.

I've fixed your post for you. :grin:

[charitynjw]

Re: Unfit for work

The employer must be absolutely Dickheadsian...............er, Dickensian (knew I shouldn't have got that spellcheck from Cloggsy!)

[bluebottle]

Re: Unfit for work

I've fixed your post for you. :grin:

Totally agree with you, Cloggy. The attitude demonstrated by the OP's daughter's employer is not conducive to compliance with Health & Safety at Work legislation. In my view, employers who behave as if Health & Safety at Work legislation is an inconvenience or a nuisance are treated far too leniently and serious questions need to be asked as to whether such employers should be allowed to employ persons or whether they should be allowed to have any part in the running of a business. This may sound harsh, but the cost to the British economy of industrial accidents and illnesses, not to mention personal cost to employees who have suffered injury or illness, is not exactly modest. Employers with a couldn't-care-less attitude to health and safety and occupational health are a menace not only to those they employ, but the community as a whole.

[bluebottle]

Re: Unfit for work

The employer must be absolutely Dickheadsian...............er, Dickensian (knew I shouldn't have got that spellcheck from Cloggsy!)

I think you were correct the first time, Charity, despite Cloggy's spellchecker.:grin:

[fiveyearplan]

Re: Unfit for work

Thanks for your replies. He did send my daughter home early today after my original post. I really wanted to know where she stands in case I have to go and speak to him myself.

He is not alone in his H&S/minimum wage/lack of holiday, the hairdressing industry is the same all over unless you are working for a chain. I believe they get around it by saying the employees are apprentices however not only is my daughter trained to minimum levels, she did the extra advanced level in college. Maybe this will be the last straw before she ops for a career change.

So I will advise her to stay off work completely (ie not even go in to answer phones) and tell him she will expect SSP.

Oh, I also forgot to mention that she often does 10 hour days and isn't even allowed a lunch break. This is the 4th salon she has worked in and they have all been the same.

[ostell]

Re: Unfit for work

Been through the holiday pay bit for the sister in law. Her employer (since April this year) would not pay holiday pay because she had worked there for less than a year. No written contract of employment has ever been given. A letter pointing out the holiday pay regulations resolved the problem and she got paid for previously unpaid holiday. Regulations, and calculator, available on this site.

She is also entitled to Statuatory Sick Pay but there are some restrictions. This web site

[CleverClogs]

Re: Unfit for work

She is also entitled to Statuatory Sick Pay but there are some restrictions. This web site

The spiv employer may think he's got round that by paying her less than £109 per week.

[CleverClogs]

Re: Unfit for work

I really wanted to know where she stands in case I have to go and speak to him myself.

Whatever you might do, do not nail a length of bicycle chain to a wooden handle as a little "persuader" for your meeting with the tight-fisted oaf.

The nails could come out.

Use wood-screws instead.