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Hi all,
It appears that I originally posted this in the wrong section, so apologies if you're reading this again.
Just a bit of background.
I work as a staff nurse for a private healthcare group in a hospital setting for people with neurological conditions.
Last month I was injured at work whilst restraining a service user in order to provide personal care (all care planned and agreed on dignity grounds). It appears that during the restraint, I slipped on milkshake spilt by the service user that a member of staff had attempted to mop up, but failed to notify anyone else of the potential hazard. Anyway, I was dragged toward the service user, slipped and hyper-extended my knee causing instant pain and bruising/swelling.
Various visits to the local A&E department and GP have resulted in a prolonged period of absence from work and an impending MRI scan to ascertain the extent of the damage. I am now able to weight bear, but any lateral movement causes instant pain and discomfort. On the top whack of some serious analagesia in order to get about too.
During the initial four weeks, the only 'support' from my employers has been in the form of emails pretty much saying 'How are you? Where's your sick note?', until I got invited to a welfare meeting last week. I attended with my line manager, the H&S manager and HR manager who all stated that I was not allowed to return to my nursing role unless my GP was 100% certain that I could carry out the physical aspects of my role without risk of further injury. Of course, my GP could not give that guarantee, so she issued another unfit for work certificate for a further two weeks to alow the MRI scan appointment to be come through.
On the day I was due to receive my salary, the company only paid me statutory sick pay (my normal monthly take-home salary is usually in excess of £2.3k), so I obviously made urgent enquiries with payroll and my line manager. I was told that the H&S manager decided to make deductions from my salary for my missed shifts whilst I have been off sick. However, the H&S manager had failed to inform me prior to the deduction.
My contract of employment makes no reference to company sick pay due to work related injuries, but there is clear guidance in the company handbook (which I am led to believe forms part of an employee's contract of employment) which states following review by a senior manager, payment can be witheld, but only after the staff member has been informed of the review.
I have spoken with ACAS and started the early conciliation process with a view to proceeding to an employment tribunal as I believe that this constitutes an unlawful deduction in salary.
I need to stress that my concern is not whether I have entitlement to contractual sick pay, but the fact that the deductions have been made NOT in accordance with the company handbook.
Have we any employment law experts who can give me their take on this?
By the way, the injury aspect is also being looked at, but at present I need to feed my children!
Also, on a separate note, it soon became clear to me that I physically could not return to the same environment without placing myself at further risk of injury so expressed my intention to leave for another role completely different. I was told that I had to give the three months notice as per my CofE. I asked for some leniency (my CofE does stated that the period can be waived if mutually agreed), but no joy. At a welfare meeting held prior to receiving my salary I was informed that I could not return to the role unless I was deemed 100% fit by my GP, which she was not willing to do. The H&S manager has pretty much rendered me as incapable to earn money and not paying me for being sick. It feels as though I am being held to ransom.
It appears that I originally posted this in the wrong section, so apologies if you're reading this again.
Just a bit of background.
I work as a staff nurse for a private healthcare group in a hospital setting for people with neurological conditions.
Last month I was injured at work whilst restraining a service user in order to provide personal care (all care planned and agreed on dignity grounds). It appears that during the restraint, I slipped on milkshake spilt by the service user that a member of staff had attempted to mop up, but failed to notify anyone else of the potential hazard. Anyway, I was dragged toward the service user, slipped and hyper-extended my knee causing instant pain and bruising/swelling.
Various visits to the local A&E department and GP have resulted in a prolonged period of absence from work and an impending MRI scan to ascertain the extent of the damage. I am now able to weight bear, but any lateral movement causes instant pain and discomfort. On the top whack of some serious analagesia in order to get about too.
During the initial four weeks, the only 'support' from my employers has been in the form of emails pretty much saying 'How are you? Where's your sick note?', until I got invited to a welfare meeting last week. I attended with my line manager, the H&S manager and HR manager who all stated that I was not allowed to return to my nursing role unless my GP was 100% certain that I could carry out the physical aspects of my role without risk of further injury. Of course, my GP could not give that guarantee, so she issued another unfit for work certificate for a further two weeks to alow the MRI scan appointment to be come through.
On the day I was due to receive my salary, the company only paid me statutory sick pay (my normal monthly take-home salary is usually in excess of £2.3k), so I obviously made urgent enquiries with payroll and my line manager. I was told that the H&S manager decided to make deductions from my salary for my missed shifts whilst I have been off sick. However, the H&S manager had failed to inform me prior to the deduction.
My contract of employment makes no reference to company sick pay due to work related injuries, but there is clear guidance in the company handbook (which I am led to believe forms part of an employee's contract of employment) which states following review by a senior manager, payment can be witheld, but only after the staff member has been informed of the review.
I have spoken with ACAS and started the early conciliation process with a view to proceeding to an employment tribunal as I believe that this constitutes an unlawful deduction in salary.
I need to stress that my concern is not whether I have entitlement to contractual sick pay, but the fact that the deductions have been made NOT in accordance with the company handbook.
Have we any employment law experts who can give me their take on this?
By the way, the injury aspect is also being looked at, but at present I need to feed my children!
Also, on a separate note, it soon became clear to me that I physically could not return to the same environment without placing myself at further risk of injury so expressed my intention to leave for another role completely different. I was told that I had to give the three months notice as per my CofE. I asked for some leniency (my CofE does stated that the period can be waived if mutually agreed), but no joy. At a welfare meeting held prior to receiving my salary I was informed that I could not return to the role unless I was deemed 100% fit by my GP, which she was not willing to do. The H&S manager has pretty much rendered me as incapable to earn money and not paying me for being sick. It feels as though I am being held to ransom.
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