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Swine Flu - should employers protect employees? 
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rustybucket wrote:
okenobi wrote:
Right, so that was a reference to the lack of need for a cert. That doesn't entitle anyone to sick pay. Just that you can self-cert.


Sick leave /= Sick pay

Sick leave merely means that you cannot be fired for being ill.


Yeah, for a minute there I thought the rules had changed and I didn't know.
Just because you won't get fired, doesn't mean you'll get paid and as pointed out earlier, that will be a factor for a lot of people.


Mon Jul 27, 2009 9:23 pm
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a lot of firms will not question your sickness but discipline you for absence from your place of work in breach of your contract the sickness is not under dispute
(a sick note only confirms sickness but under contract absence is not covered by that sick note)
but your absence from that place of work will be and most employees can loss there employment for absence not sickness
even if that sickness caused the absence

blame the yanks as it was a US company based in the UK that used this at tribunal and won the case …

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Mon Jul 27, 2009 9:34 pm
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okenobi wrote:
There's nothing you can do about the guy being there.


I disagree.

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Mon Jul 27, 2009 9:39 pm
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rustybucket wrote:
okenobi wrote:
There's nothing you can do about the guy being there.


I disagree.


What are you going to do? The company is legally obligated to its contracted hours, just as the employee is. Unless the company is going to compensate him for his hours, then they can't send him home.

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Mon Jul 27, 2009 9:46 pm
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rustybucket wrote:
okenobi wrote:
There's nothing you can do about the guy being there.


I disagree.


under the last Tory Govt Thatcher stopped sick notes indicating the amount of time off required to recover from an illness and introduced 'self' cert
this made the employee open to dismissal for absence from the work place as it was recognized with a sick note that you were sick but you decided the amount of time required to be absent from your place of work to recover from this sickness

if your employer decided that your absence level was unacceptable then they could discipline you for that absence without recourse to law as the sickness was not disputed (a doctor had issued a sick note) but your absence breached your contacted hours

a US company used this at a tribunal hearing (unfair dismissal) and won the case
you maybe ill but your contract states the hours of your employment regardless of illness …

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Mon Jul 27, 2009 10:07 pm
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Linux_User wrote:
rustybucket wrote:
okenobi wrote:
There's nothing you can do about the guy being there.


I disagree.


What are you going to do? The company is legally obligated to its contracted hours, just as the employee is. Unless the company is going to compensate him for his hours, then they can't send him home.

Well I would complain my human rights are being violated but I'm from UK stock and not of Polish/Ukranian/Portugese/any other EU nationality - probably not even get to court, let alone laughed out of it...

Al

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Mon Jul 27, 2009 10:31 pm
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onemac wrote:
Well I would complain my human rights are being violated but I'm from UK stock and not of Polish/Ukranian/Portugese/any other EU nationality - probably not even get to court, let alone laughed out of it...

Al


And which human right is that?

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Last edited by Linux_User on Mon Jul 27, 2009 10:34 pm, edited 1 time in total.



Mon Jul 27, 2009 10:34 pm
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At the last round of redundancies where I used to work, it was the people with the highest number of sick days that were out the door first.

This was because they required a "demonstratively fair system" for choosing the victims. Apparently that's the law.

I had 3 days in the preceding 12 months, which was the 2nd highest in the company.

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Mon Jul 27, 2009 10:34 pm
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Linux_User wrote:
rustybucket wrote:
okenobi wrote:
There's nothing you can do about the guy being there.


I disagree.


What are you going to do?

Like I said, physically eject him from the building.

Self-defence in order to prevent physical injury to myself and others.

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Mon Jul 27, 2009 10:49 pm
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then you may require a few days off while you present your case to a magistrate …

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Mon Jul 27, 2009 10:58 pm
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rustybucket wrote:
Like I said, physically eject him from the building.

Self-defence in order to prevent physical injury to myself and others.


I smell summary dismissal...

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Mon Jul 27, 2009 11:04 pm
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okenobi wrote:
Just get on with it, take reasonable precautionary/hygiene steps and don't worry. Worrying will only make it worse. Keep your immune system in good shape. Stay healthy. Eat plenty of fresh fruit and veg, drink plenty of water and get plenty of sleep. Regular exercise will also help.

Of course, I know you're right, there's every chance I won't get anything he's got. It's just that nagging feeling in the back of my mind that thinks that I (or more exactly, my boss) should be doing more to protect against the possible spread of whatever he's got.

okenobi wrote:
Also, bear in mind that if he has the strength and inclination to make it to work, it can't possibly be that bad. Full blown flu of any kind, "swine" or otherwise, should flatten anyone for a couple days at least.

Yes, that thought had occurred to me too. Although he has hinted that he was rather ill at the weekend - sickness, sh**s, that kind of thing. The more I think about it, this doesn't sound like Swine Flu's symptoms. But seeing that box of Tamiflu on his desk still has me worried he's not telling us the full story.

I'm also planning on visiting family this weekend, and the last thing I want is to unwittingly pass anything onto them (especially my 2-year old niece), though I'm feeling fine myself at the moment.

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Mon Jul 27, 2009 11:06 pm
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if this is the case in your instants then refraining from a family visit is a good idea especial with a young child
i have major concerns with our grand children in this respect …

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Mon Jul 27, 2009 11:21 pm
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Wouldn't particularly bother me. You could get it from a load of sources.

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Tue Jul 28, 2009 8:30 am
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Linux_User wrote:
rustybucket wrote:
Like I said, physically eject him from the building.

Self-defence in order to prevent physical injury to myself and others.


I smell summary dismissal...


Quite. It's not like he's attacking you with a knife. You would have to prove that you were in immediate danger and even then it's sketchy.

If it wasn't for the media and Tamiflu, this would just be another case of "somebody's come into work when they should probably stay away for a couple days". Is it pleasant? No. But does it happen all the time? Yes.

Steve, it's good to see you're not panicking. I hope you remain well and enjoy your time with your family. Just remember to use tissues and clean your hands. I'm sure you'll be fine :)


Tue Jul 28, 2009 9:38 am
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