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Cutting pay after return from sickness..can they do this?

4 replies

Purdyquack · 03/05/2012 13:22

My dad was injured in an RTA at Christmas resulting in severe damage to his leg/ankle at the time. He has been off work since, but after 2 operations and not being able to walk with out crutches until a couple of weeks ago he now has been signed fit to go back to work on the 28th May.

He works as a car mechanic, so it is a pretty physical job. He had a meeting today with his boss regarding going back to work. He has been told verbally by his boss that he will be back to full duties straightaway (I'm not sure he can physically manage that, although fit to work he may need a little leeway in some of the more physical aspects for a couple of months), that he will be expected to turn over the same amount of work regardless of the number of hours it takes him, for example that if a job is allocated to take 2 hours and it takes my dad 3 or 4 because of his difficulties, he will dock his pay accordingly i.e. only pay him the 2 hours hourly rate unless he is prepared to work the extra hours unpaid. He then went on to mention redundancy, but apparently was vague and non-specific about this. (It sounds like it was almost a threat, but I wasn't there so that is just my secondhand impression).

My parents are distraught, and this is just more stress on top what has already been a very stressful time as they have been surviving on SSP. I've advised them to get the boss to put all of what he said in writing. It is a private firm, so I feel ill placed to advise as I have only ever worked in the NHS so my terms and conditions are pretty clear.

I'd be grateful for any advice that anyone has that I can pass on to my dad. He is in his fifties and panicking that if he loses this job that will be it for him.

OP posts:
DaisyMaisyJessicaEmily · 03/05/2012 13:24

Can't help with the other bits but, can the GP not put him forward for a phased return to full duties? And on the fit note there is room for them to write in things that your father can not do/should not do - if you aren't sure he can physically manage he needs to go back to GP and get the fit note sorted out properly.

Purdyquack · 03/05/2012 13:28

Thanks DaisyMaisyJessicaEmily, will check through the fit note with them.

OP posts:
hermioneweasley · 03/05/2012 21:13

I am so sorry to hear this, but from the employer's perspective, they are within their rights to say that if he his signed fit for work, then he should be able to do his job. A short phased return (up to 4 weeks) is probably reasonable, but if it is a small garage, they probably need everyone to be able to do their jobs, and they can't bill clients extra for the time taken. Would he be willing to be paid half time or take holiday to allow a phased return?

hermioneweasley · 03/05/2012 21:14

Just another thought- if the accident was the fault of a third party then they are liable fr loss of income, so in that case your dad should maybe stay off longer, or be paid for reduced hours for a phased return?

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