help please employment law now long term sick

[simmyblue]

the bosses son has taken over running of the business as he has retired,2 problems when i was first employed was told everyother weekend off(standard practice in agriculture)but finish early on the friday of my weekend off when we are in the quiet time(dec to may).all ok last year but not this year complained about it and was told by the son it was discretionary on his part!!where do i stand and to top it all off on my way back to work on friday lunch time when was hit by a car(me on a bike)which involved me being airlifted to hospital where they have inserted 2 titanium rods and several screws etc into my right thigh left hospital yesterday and recieved a letter from him saying im only entitled to ssp instead of awbsp(agriculture wages board sick pay pays like for like on your normal wages)as it was in my own time and not on work property,where the awsp states it would cover you if you are on your way to or from work.should i be entitled to the full awsp as i was on my way to work.it will make alot of difference to me as im off for at least 4-6 months now.sorry for the spelling and puctuation but typing lying down is not nsome thing ive tried before and im in a little pain.all help would be greatly appreciated.

[Firefoot]

What does your contract say regarding the early finish on a Friday? It can be done as a seperate agreement and reviewed periodically - for example instead of working 8.30 to 16.30 Mon to Fri, you agree to work 08.00 - 16.30 Mon to Thurs and 08.00 to 13.30 Friday - you still do your 37.5 hours, just over a different timescale.

I don't know anything about an agricultural sick agreement so can't help you there. Most employers that enhance sick pay reserve the discretionary right to make your sick pay up to full or not depending on circumstances.

Difficult to comment further without knowing what your contract/agreements say

Edited by Firefoot on Thursday 26th March 16:04

[MK4 Slowride]

You can claim lost earning from the car drivers insurance.

Sounds like a stty situation lad, chin up.


ETA: Also you can claim for the dive in value on the bike since it's been crashed, unless the bike is a write off.

Edited by MK4 Slowride on Thursday 26th March 16:10

[Grey Ghost]

Having seen many of the bloody things on day time TV recently isn't this an opportunity to speak to one of those "no win no fee" accident claim firms and see what your legal position is. Most appear to offer a free initial consultation so might not cost anything to find out if you do have a realistic chance of getting some financial recompense for your pain.

[F i F]

You might find your home insurance has some legal cover for issues like this, maybe the bike cover has.

Re the work issues, you should have a written contract of employment and if you don't then your employer could potentially be in very deep brown and murky stuff, which being agricultural he may think he is used to but not the sort that will be spread on him by a competent lawyer.

Get this a lot when junior members of families take over businesses from their parents and think they know it all and can rip up the rulebook when in actual fact they know square root of bugger all.

[voyds9]

If the son has changed your terms unilaterally, and you were on different terms for a length of time then you could claim custom and practice. At which point it becomes 'part' of the contract.

[Jasandjules]

simmyblue said:

the bosses son has taken over running of the business as he has retired,2 problems when i was first employed was told everyother weekend off(standard practice in agriculture)but finish early on the friday of my weekend off when we are in the quiet time(dec to may).all ok last year but not this year complained about it and was told by the son it was discretionary on his part!!where do i stand and to top it all off on my way back to work on friday lunch time when was hit by a car(me on a bike)which involved me being airlifted to hospital where they have inserted 2 titanium rods and several screws etc into my right thigh left hospital yesterday and recieved a letter from him saying im only entitled to ssp instead of awbsp(agriculture wages board sick pay pays like for like on your normal wages)as it was in my own time and not on work property,where the awsp states it would cover you if you are on your way to or from work.should i be entitled to the full awsp as i was on my way to work.it will make alot of difference to me as im off for at least 4-6 months now.sorry for the spelling and puctuation but typing lying down is not nsome thing ive tried before and im in a little pain.all help would be greatly appreciated.

How many years has this practice continued (until new person comes along)? You can argue that it is now part of your contract and thus you are entitled to continue.

When it comes to whether you were at work or not the law becomes very tricky indeed. Do you get paid for your lunch hour? Where you in/on a company vehicle?

I think you will need to claim for your loss of income from the motorist who hit you (I assume he was at fault). I am afraid however that your boss may be entitled to sack you as well for being unable to work.