I have been on a salary for over 10 years. I have had acc. @ work

[kaw69]

I have always been paid for odd days sickness and do not get paid for any o/time which is fair, swings and roundabouts etc.
A month ago I had an accident @ work "employer witnessed" which put me "on the club" for a month
I have just got my monthly cheque and is £265 short of my usual amount, also inc. was an SSP form from HMRC to fill out. I have a print-out of Employer cd-rom 2010 with W waiting, N non qual. days and Q qualifying days which adds up to £303 and "make up" of £1931.
Q1 Why don`t I get my usual amount?
Q2 Can my employer get anything back from HMRC?

Don`t say ask your employer because my time off although genuine has created a little friction
TIA

[kaw69]

Just to add this is my first "sick note" in almost 40 years of work.

[buildersmate]

When an employee is sick, the employer claims the SSP from HMRC and pays it directly to the employee.
Whether or not you are entitled to more than just SSP depends on the sickness benefit scheme offered by your employer - nothing to do with HMRC.
Many employer's schemes 'make up' the employees pay to the same as their normal pay for a period of time. Therefore no-one here can tell you why you have less money than normal - you will have to ask your employer for the details of their sick pay scheme.
So the answers to your questions are:
Q1: Impossible for anyone to tell you
Q2: Yes they can.

[Buenchico]

Unless your contract specifies otherwise, your employer isn't obliged to pay you you single penny for any time you have off for illness or injury other than SSP (which they're effectively paying on behalf of the Government anyway) from the 4th day of absence onwards. That applies just as much to 'salaried' employees as it does to 'waged' ones.

Some employees have generous 'sick pay' benefits written into their contracts, enabling them to remain on full pay for quite substantial periods. Others have nothing at all in their contracts, so they only receive £79.15 per week SSP (from day 4 of absence) throughout their time off. It's possible that your contract pays you at your normal pay for a short period but then drops you to a much lower rate thereafter. (It's a common arrangement for employees to receive full pay for a short while and then half pay thereafter).

Without seeing what your contract states, it's impossible to say why your pay is lower than usual. You need to read your contract carefully to see exactly what it says about absence through sickness and injury.

Chris

[buildersmate]

So there you go then - three people, all independently telling you to same thing - in their own words. Best get onto your employer on Monday.

[boxtops]

I hadn't spotted the insurance/accident aspect - yes indeed, make sure that the accident is recorded, as Eddie says. If it comes to a claim, documentation and witness evidence are vital parts of the evidence. Also, depending on the accident and your injuries, the H&S inspectorate would be informed by filling in a big form which you have to sign - we have to do that for even near misses at our place, but only those of a more serious nature have legally to be reported upwards for investigation by the H&S people.

[buildersmate]

Very true, Boxtops - but that's a different issue - it does NOT impact whether the employer will fork out for sick pay or not. It merely means that if and when the case comes to judgement as an industrial injury, and guilt is found, the employer who doesn't fork out for full sick pay will find their insurer funding even more money in compensation to the injured employee.

[kaw69]

Thanks to all for answers
What is a contract of work? I haven`t got one except "verbal"
I work, he pays £30k per annum, if I`m off sick he pays, if I have to work overtime "nothing excessive" I do not get any extra, fair dooes until this came up.
My bank a/c shows the same amount each month entered for last 2 years as I am on a bi-annual pay rise agreement
As for getting compo I am in the hands of "Injury lawyers 4 you" sorting out the claim that is what is causing a little friction.

[Greedyfly]

You do not have a written contract that you have signed?

Doesn't sound good to me. I was under the impression it was the law to give your employee a contract?!

[Buenchico]

All employees have a contract with their employer, even if there's nothing in writing. (e.g. If I say "I'll pay you a fiver to do my shopping", and you agree, we've both entered into a contract).

However all employers are obliged to provide their employees with a 'written statement of employment particulars' within two months of the commencement of employment. That document doesn't have to be in the form of 'contract', per se. It could simply be a letter of appointment, stating the relevant particulars. It would normally include information about sick pay but the employer can choose to include such information within a separate document, such as a staff handbook:
http://www.direct.gov...dConditions/DG_175704

Chris

[kaw69]

Question
What happens if I do not fill out the SSP form and sign it, does my empoyer not get the £303 from HMRC.

[Greedyfly]

I would assume without a contract you may have a problem with the 'no win no fee' people?

I had an accident at work and I still suffer with problems from it, as far as suing goes it was not worth the hassle!

[Buenchico]

If you don't complete the SSP form your employer won't get the money from HMRC. Since they've already paid you that money, effectively on behalf of HMRC, they'd probably be within their rights to demand that you repay it.

Chris

[dothawkes31]

If you have had an accident at work, many employers would not pay you any sick pay as they assume and anticipate a claim from you viw their insurance company

[dothawkes31]

and I haven't just made that up, it happened on two seperate occasions to two different (long seving) members off debenhams staff whilst i worked there

[Greedyfly]

I must admit when I broke my ankle the company I worked for paid me in full for 10 weeks I believe (wasn't long enough) but was much appreciated. It is all to do with what your contract says though. As said before, legally your employer only has to give you SSP - which is never enough to live on when you have bills/food/rent/mortgages to pay!

[buildersmate]

No, Dot - that is not the way it works.
If one has a contract term that pays sickness benefit, the employer will pay at the time of sickness absence irrespective of whether it is a potential industrial injury or not.
Any claim as industrial injury comes donkeys years later - the insurer would reimburse the employer as part of the overall settlement.

[cassa333]

Many years ago (so the rules might have changed by now) a woman at work fell over and broke her leg. She had only been with them for a couple of weeks and so wasn't entitled to sick pay.

The dhss (as was at the time) told her she had to sue the emploer over it as they didn't/wouldn't give her any money.