# Having the day off because of a car crash the previous night



## sim667 (Jun 8, 2010)

So recently I had a day off work because I had a car crash at 1 am in the morning, and no access to a vehicle to get to work at 9 am the next morning (I wasn't actually injured).

Ive just been told I have to make the day off....... I think this is my second day off in 2 years of service.

I would have thought there would have been something in employment law that would cover this, does anyone have any ideas?


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## Pingu (Jun 8, 2010)

you can self certify illness. just tell them you are not feeling well


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## sim667 (Jun 8, 2010)

Pingu said:


> you can self certify illness. just tell them you are not feeling well



Its been and gone, I told them at the time I did not have access to a vehicle.


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## Hocus Eye. (Jun 8, 2010)

If you can steam up a mirror held to your mouth then you are breathing and therefore must go to work. That's the way it is going to be under the new government.


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## quimcunx (Jun 8, 2010)

you should have said you couldn't come in because you were still shaken up and had had no sleep and felt ill. 

Perhaps say that now, that even if you had had a car you wouldn't have been able to drive because of this.


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## tarannau (Jun 8, 2010)

That seems fair enough to me to be fair. Would you expect a sick day if your car broke down on the way to work.

If you had claimed lacerations, whiplash or concussion it may have been different, but surely this is more about your inability to travel to work rather than illness?


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## laptop (Jun 8, 2010)

I don't think you can retroactively claim it as a sick day.


How does the phrase "compassionate leave" sound in your place of work?


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## sim667 (Jun 8, 2010)

tarannau said:


> That seems fair enough to me to be fair. Would you expect a sick day if your car broke down on the way to work.
> 
> If you had claimed lacerations, whiplash or concussion it may have been different, but surely this is more about your inability to travel to work rather than illness?



Its a bit odd, I had access to a vehicle about an hour after I was due to start work, but didn't feel happy to drive as I was shaken up, hence I didnt drive until the next day....... I think basically they haven't reported it to HR, and now that we've all be granted a 'for this year only, goodwill day off' and I've told them when I want that day they're trying not to let people have it...... they're relying on the fact most people just wont bother.

There's another member of staff here who had a car accident and hasnt been made to make the day off up.



laptop said:


> How does the phrase "compassionate leave" sound in your place of work?



Compassionate leave doesnt exist........ my employers operate *just* on the right side of employment law.

Fucking hate this place.


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## laptop (Jun 8, 2010)

sim667 said:


> Compassionate leave doesnt exist........ my employers operate *just* on the right side of employment law.



I feared as much - hence the phrasing.


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## sim667 (Jun 8, 2010)

Also to clarify, I'd had the accident at 1am that morning, and reported it first thing in the morning.

There must be some employment law that deals with this.


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## Blagsta (Jun 8, 2010)

sim667 said:


> Its a bit odd, I had access to a vehicle about an hour after I was due to start work, but didn't feel happy to drive as *I was shaken up*, hence I didnt drive until the next day....... I think basically they haven't reported it to HR, and now that we've all be granted a 'for this year only, goodwill day off' and I've told them when I want that day they're trying not to let people have it...... they're relying on the fact most people just wont bother.
> 
> There's another member of staff here who had a car accident and hasnt been made to make the day off up.
> 
> ...




Claim it as a sick day.  You were too shaken up to come to work.


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## Wookey (Jun 8, 2010)

It's a fucking dreadful attitude to take, and my workplace for one wouldn't dream of doing this to me.

I would take it as sick, refuse to make it up, and leave the ball in their court.

You clearly were not up to working that day, and expecting you to get into a car within 24 hours of a crash is a cunt's trick.

Be indignant about this, they are out of order.


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## sim667 (Jun 8, 2010)

Ive made the point other members of staff in the same situation have not been asked to make up hours........

If they refuse to budge Ill contact my union rep....


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## Blagsta (Jun 8, 2010)

sim667 said:


> Ive made the point other members of staff in the same situation have not been asked to make up hours........
> 
> If they refuse to budge Ill contact my union rep....



Take it as a sick day.  Stress/shock of car accident.


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## laptop (Jun 8, 2010)

Since you have a union rep, talk to them now.


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## sim667 (Jun 8, 2010)

Well I was literally on the verge of calling them
Incompetent cunts and walking out.... So I've actually left the college site for lunch for once (90 mins break) whichll fuck them right up as I normally end up working through a vast majority of my breaks..... I'll see what the reply is when I get back and take it from there.....

I'm not fucked off about just this, is a culmination of things...... I gave examples in my email of other staff who have accidents and were not expected to make up the time, so it looks like there's some favouritism going on


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## Quartz (Jun 8, 2010)

If you were fit to go to work, you should have. What was stopping you getting a taxi? You could have claimed the cost off the person who caused the accident.

Otherwise, you should have said something along the lines of, "Sorry boss, but I was in an accident last night; I didn't get home until 03:00 (or whatever). I'm really not in a fit state to work today."

I was in a serious accident - I was cut out of my car -and only took 1 day off work.


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## quimcunx (Jun 8, 2010)

Perhaps he was too shaken up to think of that!


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## tarannau (Jun 8, 2010)

To be fair, this sounds a sodding daft thing to make a stand over.

You had a car crash and made your reason for coming in a lack of transport. They're not going to give you a free day off when there are other ways of getting to work and you've not given any indication (to us) that you were hurt or unable to work at the time. You played it wrong back then - maybe the other staff member pulled off the crying and limping tricks better than you - but getting upset about now isn't likely to do anything but cause more bad feeling imo.


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## Wookey (Jun 8, 2010)

Give them in inch and they'll take a yard.


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## el-ahrairah (Jun 8, 2010)

aye, i'm with wookey on this one.  it's no dafter than any unreasonable workplace practise.


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## sim667 (Jun 8, 2010)

tarannau said:


> To be fair, this sounds a sodding daft thing to make a stand over.
> 
> You had a car crash and made your reason for coming in a lack of transport. They're not going to give you a free day off when there are other ways of getting to work and you've not given any indication (to us) that you were hurt or unable to work at the time. You played it wrong back then - maybe the other staff member pulled off the crying and limping tricks better than you - but getting upset about now isn't likely to do anything but cause more bad feeling imo.



they're also denying me a day off in lieu im owed, and a gratuity day off granted to every member of staff by the board of governers

I thought it would be reasonable to have the lieu day to cover the day off for the accident, but apparently its not.....

The fella who sits opposite me lost 11 days he was owed in lieu last year..... its not just affecting me, but things like this wind me up!

There's a lot more to this story than meets the eye, this is just the latest saga in a long line....... Im fucking good value for money for them, 9-3 on mondays, 9-8 on tuesday 11-9, on thursdays, 11-3 on fridays (on a 24 hour contract with massive breaks in between working sessions) for £9.5K a year.......... I'd have thought they should be open to some leeway....

Ill never work overtime again


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## Monkeygrinder's Organ (Jun 8, 2010)

Make up the time like they ask then call in sick for a couple of days and go down the pub. Sometime really inconvenient.


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## feyr (Jun 8, 2010)

sim667 said:


> Its a bit odd, I had access to a vehicle about an hour after I was due to start work, but didn't feel happy to drive as I was shaken up, hence I didnt drive until the next day....... I think basically they haven't reported it to HR, and now that we've all be granted a 'for this year only, goodwill day off' and I've told them when I want that day they're trying not to let people have it...... they're relying on the fact most people just wont bother.
> 
> There's another member of staff here who had a car accident and hasnt been made to make the day off up.
> 
> ...



can you not contact hr directly and request your lieu day be used to cover the missed day?  and maybe request any relevant policies about compasionate leave, absence etc. especially if you think your line manager hasnt reported it to them



Monkeygrinder's Organ said:


> Make up the time like they ask then call in sick for a couple of days and go down the pub. Sometime really inconvenient.



or go see a dr, claim post traumatic stess as a result of the accident, made worse by unsympethetic bosses and try and get a week signed off


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## feyr (Jun 8, 2010)

actually, did you see  a dr at all after tha accident? i got a retrospective sick note from my dr after being beaten up after work got arsey about me missing a couple of days at work. i just explained the situation to him and he issued the note. i could prove i had recieved medical treatment though, so maybe thats what swung it


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## Pingu (Jun 8, 2010)

Quartz said:


> I was in a serious accident - I was cut out of my car -and only took 1 day off work.


 

i have  a new hero


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## Geri (Jun 8, 2010)

feyr said:


> actually, did you see  a dr at all after tha accident? i got a retrospective sick note from my dr after being beaten up after work got arsey about me missing a couple of days at work. i just explained the situation to him and he issued the note. i could prove i had recieved medical treatment though, so maybe thats what swung it



Doctors won't issue a note for one day because you are supposed to self certify.


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## mentalchik (Jun 8, 2010)

Quartz said:


> I was in a serious accident - I was cut out of my car -and only took 1 day off work.



Well bully for you....


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## sim667 (Jun 8, 2010)

No i didnt see a doctor, just assumed they'd put it down as self certificated

basically my managers didnt report it and are trying to cover their own backs...... Im just gonna fucking give up on that, they can use my lieu day to cover it...... thats all they're getting

Im taking my fucking gratuity day though!


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## Quartz (Jun 8, 2010)

sim667 said:


> There's a lot more to this story than meets the eye, this is just the latest saga in a long line....... Im fucking good value for money for them, 9-3 on mondays, 9-8 on tuesday 11-9, on thursdays, 11-3 on fridays (on a 24 hour contract with massive breaks in between working sessions) for £9.5K a year..



Sounds like they're taking advantage of you.


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## Quartz (Jun 8, 2010)

mentalchik said:


> Well bully for you....



No broken bones, but my knee was fucked and I could only walk if I kept my leg absolutely straight. Massive bruising, of course, most visibly in a huge stripe across my chest where the seat belt saved my life.


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## sim667 (Jun 8, 2010)

Quartz said:


> Sounds like they're taking advantage of you.



I know they are, but the balance of doug something I'm interested in or pushing paper round desks leans far more to the interest..... Plus it means I can have my second job which I love!


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## AnnO'Neemus (Jun 13, 2010)

You shot yourself in the foot by saying you couldn't go into work due to not having a car.  You could have used alternative transport, taken the bus, train, tram, or called a taxi, but you failed to do so, and that's your problem, your fault.  I'm guessing that other members of staff who don't have cars manage to make it in to work okay?

If you'd called in a sickie, saying you were too ill, shaken up, hadn't slept, felt sick, you might have had a valid reason, but you didn't.  You might try to swing it retrospectively, but you won't necessarily get away with it.

I don't think this is indicative of them taking the piss.  Look at it from their point of view:  employee phones in and says they can't come in to work because they don't have a car - even though lots of other employees don't have cars, take buses or trains or trams or cycle or walk into work, so why are you so special, why are you exempt from walking or cycling or using public transport?  Sounds a bit precious and pathetic.

If you'd said you were too ill as a result of the accident, that would have been different.


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## 1927 (Jun 13, 2010)

sim667 said:


> No i didnt see a doctor, just assumed they'd put it down as self certificated
> 
> basically my managers didnt report it and are trying to cover their own backs...... Im just gonna fucking give up on that, they can use my lieu day to cover it...... thats all they're getting
> 
> Im taking my fucking gratuity day though!



But you've already sadi that you didn't call in sick, so why would they put it down as self certificate? I am ssuming that you haven't actually completed a certificate either.

You obviously have justified grievances with your employer, but I think you are picking the wrong issue if you try and fight this.


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## 1927 (Jun 13, 2010)

AnnO'Neemus said:


> You shot yourself in the foot by saying you couldn't go into work due to not having a car.  You could have used alternative transport, taken the bus, train, tram, or called a taxi, but you failed to do so, and that's your problem, your fault.  I'm guessing that other members of staff who don't have cars manage to make it in to work okay?
> 
> If you'd called in a sickie, saying you were too ill, shaken up, hadn't slept, felt sick, you might have had a valid reason, but you didn't.  You might try to swing it retrospectively, but you won't necessarily get away with it.
> 
> ...



This.


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## sim667 (Jun 13, 2010)

tbh im think im more pissed off that they're denying me 2 days holiday that im owed rather than telling me i have to make that time up, making the time up isnt really that much of a problem, ive done masses of unpaid overtime, and they'll expect me to keep doing that anyway......


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## 1927 (Jun 13, 2010)

sim667 said:


> tbh im think im more pissed off that they're denying me 2 days holiday that im owed rather than telling me i have to make that time up, making the time up isnt really that much of a problem, ive done masses of unpaid overtime, and they'll expect me to keep doing that anyway......



I'd be making up the time, but tellin them to shove any unpaid OT in future.


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## sim667 (Jun 13, 2010)

1927 said:


> I'd be making up the time, but tellin them to shove any unpaid OT in future.



I think this probably the best course of action, annoying though it is.

Just thinking of my summer holiday, one month to go and ive got 7 weeks off


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## free spirit (Jun 13, 2010)

tell them it was a health and safety issue. You were too shaken up by the crash to be able to drive safely, had no other way of getting to work, therefore had you tried driving to work you'd have been in breach of the companies health and safety policy by knowingly endangering your life.

simples


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## 1927 (Jun 13, 2010)

free spirit said:


> tell them it was a health and safety issue. You were too shaken up by the crash to be able to drive safely, had no other way of getting to work, therefore had you tried driving to work you'd have been in breach of the companies health and safety policy by knowingly endangering your life.
> 
> simples



Shit idea. Bit late after all this time to be dredging up ridiiculous excuses.


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## _angel_ (Jun 13, 2010)

They sound like a really nice bunch of people.


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