Can they do this?

20

So I haven't been @ work for the past 3 weeks - I went off sick with what I thought was RSI and tennis elbow, but it is infact Carpel Tunnel Syndrome! Now the lady who I spoke to from my place of work said ''have 3 weeks off {I don't get any sick pay} and call us before coming back. If you are still not better we suggest you don't bother coming back, but reapply for your job when you are better''.

Now I was wondering - legally can Asda do this? or do they have all right to do so? I'm just interested as I have never known anyone to be told if they are not better they have to leave and then reapply back for their job? . . .:/

Reply 1

Riderz

16

Are you full time or part time? Did you know about the injury before you got the job - ie is a recurrent event? Why dont you get sick pay?

Phone up asda head office and speak to HR. Seems your manager either doesnt know the rules or Asdas rules are a bit dubious in general.

Reply 2

username94219

OP

20

Riderz

Are you full time or part time? Did you know about the injury before you got the job - ie is a recurrent event? Why dont you get sick pay?

Phone up asda head office and speak to HR. Seems your manager either doesnt know the rules or Asdas rules are a bit dubious in general.

I work 6hours pr week. Originally I sustained the injury @ Asda but I thought nothing more of it as it healed with time. It has only got worse recently with the amount of work I am doing on my uni work, which is hindering me from lifting heavy items and etc. Apparently those people who do not do ''sufficient'' hours with the store do not get sick pay, which is absolutely bonkers IMO (considering when I was @ Sainsbury's I got something - wasn't much but it was something to make up my monthly wage).

I was thinking of going to talk to someone outside of Asda but I have no idea who - citizen advice bureau? :dontknow:

. .I just think what she said to me is somehow not right; it's not my fault that I have this injury which has recently flared up. :/

Reply 3

small&mighty

DancinBallerina

So I haven't been @ work for the past 3 weeks - I went off sick with what I thought was RSI and tennis elbow, but it is infact Carpel Tunnel Syndrome! Now the lady who I spoke to from my place of work said ''have 3 weeks off {I don't get any sick pay} and call us before coming back. If you are still not better we suggest you don't bother coming back, but reapply for your job when you are better''.

Now I was wondering - legally can Asda do this? or do they have all right to do so? I'm just interested as I have never known anyone to be told if they are not better they have to leave and then reapply back for their job? . . .:/

I don't think that's right at all. I'm only contracted to 4 hours per week and I get sick pay - as long as my absence is under a certain percentage but I'm sure that's similar for most places. Was the lady you spoke to your manager? If your injury is causing you problems with what you are currently doing there (stacking shelves, using tills, etc) could you ask to be moved on to a different area of the store so you are not causing more damage to your injury? If you've got a HR manager or person along those lines in your store I'd speak to them, if not maybe another manager - but definitely don't leave! Does kinda sound like the lady you spoke to was encouraging you to leave for some reason?

CAB are useful but can be difficult to get hold of, the one in my area are only available certain hours/days of the week and you have to go in person.

Have you got an employee guide or handbook or anything? Maybe that would have some information in regarding sick pay and what you're entitled to.

Reply 4

username94219

OP

20

small&mighty

I don't think that's right at all. I'm only contracted to 4 hours per week and I get sick pay - as long as my absence is under a certain percentage but I'm sure that's similar for most places. Was the lady you spoke to your manager? If your injury is causing you problems with what you are currently doing there (stacking shelves, using tills, etc) could you ask to be moved on to a different area of the store so you are not causing more damage to your injury? If you've got a HR manager or person along those lines in your store I'd speak to them, if not maybe another manager - but definitely don't leave! Does kinda sound like the lady you spoke to was encouraging you to leave for some reason?

CAB are useful but can be difficult to get hold of, the one in my area are only available certain hours/days of the week and you have to go in person.

Have you got an employee guide or handbook or anything? Maybe that would have some information in regarding sick pay and what you're entitled to.

Hey thanks for your reply.

When I worked @ Sainsburys years ago, I did 12hours = 6hours more than what I am currently doing now @ Asda and I got sick pay straight away. It wasn't much but it was enough to get me by. I was under the illusion that I got sick pay @ Asda, but I get absolutely nothing!! I even asked the payroll lady and she said ''nope you don't do enough hours''! :/ The lady who said if im not well in 3 weeks I have to leave is not my manager, although I don't know her title (all managers @ my Asda store think their **** smells of roses and everyone must kiss their arse = not me!). I do plan on seeking advice from somewhere though and will check out the organisation you suggested. My colleague handbook does talk about the sick pay lark, but the way its worded makes it sound like you get sick pay . . .but you don't.

I go back this coming Saturday and I do plan on asking if I can go on Self scan - absolutely no way I am going on to other departments that aggravate my arms.

Reply 5

small&mighty

DancinBallerina

Hey thanks for your reply.

When I worked @ Sainsburys years ago, I did 12hours = 6hours more than what I am currently doing now @ Asda and I got sick pay straight away. It wasn't much but it was enough to get me by. I was under the illusion that I got sick pay @ Asda, but I get absolutely nothing!! I even asked the payroll lady and she said ''nope you don't do enough hours''! :/ The lady who said if im not well in 3 weeks I have to leave is not my manager, although I don't know her title (all managers @ my Asda store think their **** smells of roses and everyone must kiss their arse = not me!). I do plan on seeking advice from somewhere though and will check out the organisation you suggested. My colleague handbook does talk about the sick pay lark, but the way its worded makes it sound like you get sick pay . . .but you don't.

I go back this coming Saturday and I do plan on asking if I can go on Self scan - absolutely no way I am going on to other departments that aggravate my arms.

See I work for Next, and I get full sick pay as long as my absence is under the specific percentage, and it's the same for everyone even if (as some people are) you're only contracted to 3 hours a week. I think you need to speak with someone in HR - just to double check that - as that isn't fair, and as you said the handbook says you should get it!

Haha don't you just love managers like that?! Who think they're so much better than you yet you're the one who's at Uni to get out of there asap!

Yeah that sounds like a good idea, maybe you could speak to your line manager beforehand so they can rota you for self scan and not have it sprung on them when you go in. And you're right don't go to other departments that aggravate your arms - they can't make you anyway as then you'd have grounds to complain about the way you're being treated.

Good luck with it :smile:

I've had problems with my job and people I work with last few months (although it's sorted now) so I know what it's like to feel like everyone's against you! Make sure you stand your ground - although I'm sure you don't need me to tell you that!

Reply 6

thebirthoftragedy

6

With regards to the sick pay, at Primark you only get sick pay if you work over 20 hrs per week, I think. Or that's how it used to be when I was a part-timer. Sucks :/

But anyway, it's definitely not on that she told you to leave just because you've been off for three weeks, with something that is actually exacerbated by working there. Definitely speak to a different manager, if there's one you get on with/trust.

Reply 7

ttx

13

DancinBallerina

I work 6hours pr week. Originally I sustained the injury @ Asda but I thought nothing more of it as it healed with time.

Legally they don't have to give you sick pay unless you earn over £97/week. However given you sustained the injury while working for them you may be able to make a personal injury claim. Look if your contract has anything about injuries sustained during work, or speak to the CAB about it.

Reply 8

StarsAreFixed

13

I've never heard of sick pay limited to hours worked. Seeing as it would be calcucalted BASED on those, surely it's in proportion anyway.. I have seen it limited to how long you're with the company though.

I would think you have grounds to override all that since you sustained the injury at work. It's not something caused by acting irresponsibly or ignored all health and safety training, I would say they are responsible at least by giving you sick pay. 3 weeks off IS a lot straight off- it's a bit weird? Normally you just keep supplying the medical certs. Are you/ other staff members ina union? Do NOT come back by re-applying for your job- that's a con and you'd probably be on a crappy contract with a lot less rights.

Reply 9

username94219

OP

20

I went back to work on Saturday (just gone) and they were trying to shove me on checkouts, shove me on ''stick'' duty, shove me on putting items back= I stood my ground and refused! I got my way and went onto self scan - it's not strenuous on the wrists and I just basically help customers with self service, much better :smile:

(and I quite enjoy it). Manager however came past me and said ''have you got a letter about this?'' pointing to my wrists . . I have which the Dr gave me so will shove that in her face the next time I am in. Another manager I spoke to before I came back to work (the one who said if I am not better in 3weeks = leave) she wasn't expecting me to come back (by the way she spoke to me on the phone).

I absolutely HATE Asda BUT I am not being pushed out due to injury . . I also got wind that a girl I use to work with has buggered off to Spain until Sept to work and is coming back then . . that means they have kept her job open!!! . . . If they can have one rule for one . . .they can not have one rule for another!!!!! . ..

Reply 10

small&mighty

DancinBallerina

I went back to work on Saturday (just gone) and they were trying to shove me on checkouts, shove me on ''stick'' duty, shove me on putting items back= I stood my ground and refused! I got my way and went onto self scan - it's not strenuous on the wrists and I just basically help customers with self service, much better :smile:

(and I quite enjoy it). Manager however came past me and said ''have you got a letter about this?'' pointing to my wrists . . I have which the Dr gave me so will shove that in her face the next time I am in. Another manager I spoke to before I came back to work (the one who said if I am not better in 3weeks = leave) she wasn't expecting me to come back (by the way she spoke to me on the phone).

I absolutely HATE Asda BUT I am not being pushed out due to injury . . I also got wind that a girl I use to work with has buggered off to Spain until Sept to work and is coming back then . . that means they have kept her job open!!! . . . If they can have one rule for one . . .they can not have one rule for another!!!!! . ..

I'm glad you stood your ground! That's good that you've got the letter from the Doctor so hopefully your manager should back off - especially since if you weren't there they would have to cover your shift which is more hassle for them.

Hmmm similar things happen where I work, people go off to Uni and come back during holidays/summer, but they aren't usually contracted and work as and when they're needed, maybe that's what will happen with that girl, she might not have her original contracted hours when she gets back but still have the option to cover shifts perhaps until something permanent comes up?