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Rose Richmond
Member - 2 posts
A friend was attacked by a dog while at work. She attended A&E and was advised to take a week off work. Her employer ( a small family firm) is now saying this should be taken as holiday, not sick leave. Surely she should be entitled to sick leave?
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Linsey McDermott
Member - 1 post
My company's Absence policy classes sick leave as absence through illness or injury and I would imagine this is the same with most companies. I therefore think your friend should take the time as sick leave.
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Kevin Brown
Member - 74 posts
She should also ensure that the absence is reported promptly to HSE under the RIDDOR provisions if her absence exceeded 3 working days. The employer appears to be demonstrating culpable ignorance of the law and is abrogating it's responsibility to the employee.
What about the dog? Was it at an address being visited by your friend, or actually at the workplace?
Sadly, there is sometimes a policy of 'take the risk and take the hit' in the workplace but in a lot of smaller enterprises the problem here seems to be lack of awareness. As always, ignorance is no excuse.
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Gavin Inches
Member - 11 posts
Does the company pay more than SSP? If not, and a doctor signs a sick note, the employer has no choice. If the company pays its own sick pay in addition to SSP then, depending on the wording of the contract, they may be able to claim that this is not a "sickness" and not pay the addition. However, with a sick note, the employee can still take time off work and claim SSP. Obviously holiday pay is likely to leave the individual better off but any attempt to force the employee would be grounds for a grievance under the statutory grievance procedure.
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James Fairchild
Member - 217 posts
If sick pay is less than full pay, then given that this happened in the course of work, she should be on full pay (obviously the company can recover the cost from whoever its insurers deem responsible).
Tell your friend that they also may have a personal injury claim against this employer - they sound like they deserve to have the book thrown at them!
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Rose Richmond
Member - 2 posts
Thank you all for your comments. I got some useful information from the HSE website too.
I agree she could be entitled to compensation, but it's all more complicated and personal when you work for a family firm, and you want to continue working there.
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Anne McAllister
Member - 115 posts
It is more complicated when working (and wanting to continue working) for a family firm but at the end of the day they are employers,not friends , and have a legal duty to protect their staff.
If they are trying to shirk responsability would you (or your friend) really want to work for them?
What if another situation arises with more serious injuries or even death ?
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