Sick Pay Stopped

smokin750

Forgive me if i am not in the correct forum for this question.
I was sent home from work on 12 June 2008 after a meeting with a H&S consultant due to a problem with my shoulder. I later attended a meeting with an Occupational Therapist the results of which i have never seen.
It was diagnosed as a torn Rotator Cuff which was repaired on 3rd January 2009 which i am now recovering from.
I received a letter dated 19 January 2009 which states my sick pay has now stopped.
It was always made clear to my line manager from the start that i was not on sick, i had not been signed off sick by a doctor nor did i have any sick notes from the day i was sent home.
I must also stress i was never asked to get a sick note or have been signed off as sick from my GP, i was in effect suspended on full pay as i considered myself fit to work.
The question is, can my work declare me sick without a sick note or ask me to get a from my GP and stop my sick pay when i only have sick notes from 3rd December 2009.
Thanks.

custardy

if you were fit for work then why were you attending occ therapist?
did yopu think you would be paid for 7 months for no work?
did your shoullder prevent you performing your job?

dmg24

If your entitlement to SSP has been exhausted, you will need to claim ESA. You will need a med cert for this.

Have you not seen any doctor (not necessarily your GP) in the relevant period? Who diagnosed your condition?

smokin750

Maybe it sounds as if i want paying for sitting doing nothing, that is not the case.
I was available for work but my work would not let me do my normal job nor did they offer me any alternative work which is the usual course of action.
I attended an occupational therapist/health worker at the request of my employer, but i have not seen the results of that.
It was agreed by my line manager and senior manager that i was not on sick and would carry on being paid as they had sent me home and my sick pay would start from the day of my operation.
The parent company are now saying i was on sick from the day i saw the occupational health but my manager nor myself were informed of this.
I wanted to be at work as i was loosing money, so please don't think i was happy with this situation.

Caroline73_2

Do you mean Occupational Health or Occupational therapist? Two very different roles.

Caroline73_2

If Occupational Health decided you were unfit for work on medical grounds then you were off sick. You could have applied to see your report - did you do so?

smokin750

Caroline73 wrote: »

If Occupational Health decided you were unfit for work on medical grounds then you were off sick. You could have applied to see your report - did you do so?

It was Occupational Health, and i was not aware i could have a copy of the report.
At the point of seeing the Occupational Health the problem in my shoulder had not been diagnosed and i was due to see a Consultant later that week.
The consultant then made an appointment for an ultrasound scan some weeks later.
As far as i was concerned my shoulder problem did not majorly effect my work.
Is it not true that your employer can send you home sick or unfit for work, but they must tell you to go to your GP and get signed off.

Caroline73_2

Your employer and GP are unrelated, if your OH department say you are unfit - you are unfit, end of I'm afraid. Your employer has to cover themselves.

You employer has every right to send you home based on OH advice but it would be up to you to decide your GP.

You would need to check your contract with regard to sick certificates but it's not my area of expertise.

custardy

if your shoulder isnt an issue then go to the doctor and get declared fit for work

smokin750

Its an issue now as iv had an operation on it and now cant lift my arm more than a few inches. Having physio every week and doing it at home.
Thanks