I have an employee who has been sick whilst on leave, can they get the holiday back?
If an employee falls ill before a pre-planned holiday, or during that holiday, they are legally entitled to re-schedule that holiday and to take it later. Employers should set out how the employee must report such absence within their holiday/ sickness policies.
How do I calculate holiday pay?
Holiday pay should be calculated on an employee’s normal rate of pay. This should include their basic pay, together with payments intrinsically linked to their role. Current caselaw shows that this will normally include guaranteed and compulsory overtime, commission, bonuses related to performance, and other allowances, such as shift allowances. The rules are complex and advice on your own circumstances is essential to ensure you do not overpay or underpay holiday entitlement.
A family member is in a care home and has had a fall – can they make a claim?
Yes. If the fall was reasonably foreseeable, avoidable, and your family member was harmed as a result, then they may have a claim.
Can I make a claim on behalf of a family member who is in care?
Yes. If the victim is able to deal with their own affairs, they can instruct us in their own right to investigate a possible claim. If you deal with the victim’s affairs on their behalf, then we can take instructions from you to investigate the care that has been provided and establish whether there has been any negligence.
Can I make a claim on behalf of a family member who died due to medical negligence?
Next of kin can instruct a solicitor on behalf of a deceased person to investigate the circumstances surrounding their death.
My doctor was negligent what can I do?
If you think there has been an error in the advice your GP has given you, and you have suffered as a result, then you may have grounds for a clinical negligence claim. You can consult us for advice at this stage. Alternatively, you might also want to write to the practice manager with your own letter of complaint. If you do this the practice manager will investigate your complaint and respond to you with the results of that investigation. This may answer any questions or concerns you have about your care.
My hospital was negligent – what can I do?
If you think there has been an error in your care, and you have suffered as a result, then you may have grounds for a clinical negligence claim. You can consult us for advice at this stage. Alternatively, you might want to write to the hospital trust with your own letter of complaint. If you do this the trust will investigate your complaint and respond to you with the results of that investigation. This may answer any questions or concerns you have about your care.
I was injured in a hospital abroad who can I sue?
If you had poor care abroad then it is possible that you may be able to make a claim for clinical negligence. However, the rules governing standards of care will be different to those in the UK and specific to the country where you were treated.
Can I sue my physiotherapist?
Yes. Whether your treatment was private or through the NHS, if you have received sub-standard care from your physiotherapist that has caused you harm, then you may have a claim for compensation against the physiotherapist or NHS Trust who was responsible for the care you received.
Can I sue my dentist?
Yes. If you have received sub-standard care from your dentist that has caused you harm, then you may have a claim for compensation against the dentist(s) who treated you.