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View Poll Results: is it fair or not that he's not going to get paid?
yes, his only stupid fault, let him suffer
40
80.00%
no, he was at work, not his fault he wasn't wearing his safety shoes
5
10.00%
he wants 6 weeks holiday
5
10.00%
Voters: 50. You may not vote on this poll

fair? unfair?

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Old 09-12-2009, 10:05 AM
  #1  
dojj
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Default fair? unfair?

bloke at work's got his foot run over by someone when he was out doing a delivery
he was wearing trainers not the safety boots supplied
he's broken his foot
didn't call the police to report it
he's going ot be off for 6 weeks at least and it's all going to be unpaid

i think i should have asked if he was a twat or not

but what do you think?
Old 09-12-2009, 10:07 AM
  #2  
matts1
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If he was provided the appropriate safety gear and if it was likely to have prevented injury then his fault for not wearing it.
Old 09-12-2009, 10:14 AM
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dojj
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last thrusday the boss came down to remoind them
monday i asked them if they were missing anything
yesterday i almost sent him home ebcause he was wearing jeans and a hoodie and reminded him that as of next week that's where he'd be going and we'd get a replacement for him if he wasn't prepared to wear full uniform

if it was an agency driver who's had his foot run over then i think we'd have seen them right, but this is sicknote we are talking about who's had, at the last count, 30 something days off without pay already this year because he's just not turned up because he's said something come up
Old 09-12-2009, 10:15 AM
  #4  
rog
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Depends what the rules state, does he have to wear them at all times or just when he is on the company premesis. But having said that i'm sure if he wore them in the workplace and nipped out on a delivery he would've had them on, so in that respect it's his own fault.if they were uncomfortable or weren't nice to drive in, he should've reported it.
Old 09-12-2009, 10:23 AM
  #5  
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i dont think it matters about the safty gear not being worn as i sure in the helth and safty it did not cover this sort of accident !
Old 09-12-2009, 10:27 AM
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natehall
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if you provided him with the equipment to prevent the injury, and he chose to risk not wearing it then it is not an accident the company should be responsible for
Old 09-12-2009, 10:28 AM
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BigNige
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Sick pay is a privelge not a right

He will get ssp after his waiting days (3 days)

Same with sporting injuries

Your employer has no obligation to pay you

So yes VERY fair

Nige

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Old 09-12-2009, 10:42 AM
  #8  
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his own stupid fault. Although obviously you may or may not have some form of legal obligation for sick pay as the employer.

Surely not wearing safety gear is gross misconduct?? sack him lol.
Old 09-12-2009, 10:53 AM
  #9  
Paulo P
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Surely if anything he can claim for loss of earnings off of the driver's insurance that ran him over. 30 days of sick in 1 year is taking the piss though!
Old 09-12-2009, 11:04 AM
  #10  
Fiddy
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Originally Posted by matts1
If he was provided the appropriate safety gear and if it was likely to have prevented injury then his fault for not wearing it.
+1
Old 09-12-2009, 11:08 AM
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KregRS
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If the safety gear was provided and he wasn't using it, then its his problem.
Old 09-12-2009, 11:26 AM
  #12  
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Safety boot are given to you for a reason not a fasion statement . Bet he will wear them after this .
Old 09-12-2009, 12:02 PM
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Originally Posted by dojj
, but this is sicknote we are talking about who's had, at the last count, 30 something days off without pay already this year because he's just not turned up because he's said something come up
sack him theres loads of unemloyed people out there who would love any job t.b.h
Old 09-12-2009, 12:05 PM
  #14  
dojj
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hr will discuss it with him but its in the contract of employment that if you don't wear them and something happens you don't have a leg to stand on
Old 09-12-2009, 01:22 PM
  #15  
cabrio zo
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Originally Posted by RC4
sack him theres loads of unemloyed people out there who would love any job t.b.h
What I was thinking

Z
Old 09-12-2009, 02:27 PM
  #16  
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Originally Posted by dojj
hr will discuss it with him but its in the contract of employment that if you don't wear them and something happens you don't have a leg to stand on
you can't just sack someone, that really would open one big can of warms. if you have given him a written disciplinary and he keeps not warring contracted gear, then you can then send him on his way,
all down to the line of action,

if the company states a uniform must be worn and also safety gear at all times while under employment and contracted over time and work then he is at fault, and the company would not be responsible.

What is the company policy? Does the company usually pay sick leave for X amount of weeks a year?

If the company usually pays sick leave, & this is stated in the contract, then the company would be expected to pay the sick leave.

However, the company does not have to pay sick leave. The company can just not pay the employee for the sick leave & can get the employee to claim sick pay from social welfare. More recently a lot of companies do not pay sick leave, as it is too costly & small companies can't support paying someone on sick leave & paying a temp to do their job.

You can find out how long the employee is likely to be out sick for (whether a week or a few weeks) and you can decide if you want to get a temp in to cover the work.

Legally you do not have to pay sick leave. A lot of employees think they are entitled to paid sick leave from employers but they are not
Old 09-12-2009, 02:31 PM
  #17  
MikeR
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Originally Posted by cabrio zo
What I was thinking

Z
That makes a few of us, l would have sacked the twat clearly does not want to work with all those days of, there appear to be people out there that would love a decent full time paid job

Mike
Old 09-12-2009, 04:08 PM
  #18  
dojj
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sofar this year:
25 days holiday
24 days sick
34 days unpaid
the company have already told him 2 years ago that they won't pay him sick pay after he had 8 months off with a bad back, and with some new backbone taking over, he may get his marching orders sooner than later
Old 09-12-2009, 07:49 PM
  #19  
fuzzy
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sick pay?id get rid of him and get someone to replace him that wants to work. if he's on a self employed basis you can get rid anytime you want.

Last edited by fuzzy; 09-12-2009 at 07:50 PM.
Old 09-12-2009, 08:11 PM
  #20  
dojj
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i've not told you about the hatrick of shunts one of the other guys has had

or the other one who's van reeks of pot, even though he's been warned about smoking in the vehicle

they are both going to get a big shock in the next few days bceause on monday, i'm not going to be anything other than their boss and they are going to either like it or lump it
and they ain't gonna like it judging by what's been going on this week
Old 09-12-2009, 08:34 PM
  #21  
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i told the guys today that instead of a christmas bonus they were all getting a £2 an hour paycut and a 1/2 hour per day knocked of their wages for all going away early despite repeated warnings.
i was popular.
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