where will this end?

nimbo

a collegue of mine when off sick was questioned by our manager who was quoted as saying 'anyone can get signed off sick...'

when thay said this to the doctor he said if it was mentioned agian he would sue the manager for liable/slander as he is capable of doing his job... tell the GP what was said, as he signed her off sick - he must have believed she wasn't well enough to work.

rupee99

Zazen999 wrote: »

but he didn't - he changed HIS story as well.

This is a complete nightmare from start to finish, and I totally agree with the capacity issue. I'm wondering if she has also told them that she isn't going to be there much after June either.

If this is the passage you refer to

jazzys wrote: »

..............
just to throw another little bit into the mixer, it now comes to light that she went to the doctors with backpain and stress. The doctor however, only put the backpain on her sick note. When quizzed by my ex about this, the doctor said he'd only put the backpain on as an act of discretion. knowing that most sufferers of stress prefer to keep it quiet.

She now has a letter from the doctor explaining everything, and she will hand it in to personnel today.

J

There is nothing there to say that the doctor changed his mind, merely that he has made a fuller diagnosis, that he made contemporaneously, known. It remains the only credible evidence, the rest is just of the lynch mob.

I am in no way saying that the actions of the OPs ex wife do not look suspicious nor that her actions were anything other than ill-judged, but there is no credible EVIDENCE against her. Any action on absence would certainly be open to challenge, action on capability would, as I stated above, have much more likely chances of success from the employers view.

April84

Shes just very foolish for being so immature and saying ''il just call in sick if you refuse me holiday leave'', and so i cant think of any reason they would keep her employed when they could replace her within minutes with a far more reliable employee.

tigtag02

Pete111 wrote: »

It is in our handbook here and in the contract of employment. It's absolutely at our discretion whether CSP applies (99.9% of the time it is granted automatically thoUGH, I've only invoked it once in 2+ years)

We also have a policy by which we can insist on a second opinion via a 'company Dr' at our cost. If we asked for this an employee refused then we would likely discipline them and/or remove or reclaim CSP.

Agree that in cases where the sickness was in the past the latter is very hard to use effectively. However our retained employment lawyer was fine with our being able to insist on this (we revamped all the policies in 08 so my memory of this conversation it is fairly fresh)

P

THANK YOU - I was starting to feel like I was banging my head against a brick wall

tigtag02

andygb wrote: »

Having worked in mainly law firms for the last twenty years, this is also my understanding of how this works. around ten years ago, I developed severe back pain, and was referred to a physio by my GP. My company then asked me to see their doctor, and I agreed, no problem.
As this case is relatively new (only the last couple of weeks), the supermarket would be well within their rights to obtain a second, independent opinion. Stress/depression as an illness does not suddenly come and go, and a specialist would be more able to determine the severity or causes of any given problem.

ditto ^^^ (too short :rolleyes::p)

jazzys

Little update guys, she found out today that the company have not only not paid her company sick pay but they have also not paid her statutory sick pay for the last month.

Whats the legal standing on that one then?

she went on the sick on the 7th and handed her sick note in on the 8th of december.
Instead of doing what they should have done with it, they put it straight in the file they have on this matter.

Jazzys

Uncertain

jazzys wrote: »

Little update guys, she found out today that the company have not only not paid her company sick pay but they have also not paid her statutory sick pay for the last month.

Whats the legal standing on that one then?

she went on the sick on the 7th and handed her sick note in on the 8th of december.
Instead of doing what they should have done with it, they put it straight in the file they have on this matter.

Jazzys

Well I would check with ACAS when they open at 8.00am but I would have thought this amounts to unlawful deduction of wages.

Obviously she should make a formal grievance. There are probably also grounds to make a formal conplaint regarding withholding SSP to HMRC.

This could be one of those situations where attack is the best form of defense, particularly as she is intending to leave within a few months and go abroad (and I assume they don't know that). She is not really dependent on them for a reference.

It might suit her if she ended up suspended on full pay whist their HR wheels grind round and they conduct an "investigation". With a bit of care, plus the letter she now has from her doctor, she could drag this out for some time!

Deliberate withholding of wages can be grounds for a claim for constructive dismissal. OK, CD can be notoriously hard to prove, but the pieces of the jigsaw are falling in place nicely here.

If she wants out and is willing to take a degree of risk under the circumstances then it may be a thought.

My guess is that, after a fair bit of bluff and bluster, they would offer a settlement as it is not worth their while going the distance.

Her call.....

Zazen999

Try googling 'Statutory Sick Pay'. She needs to talk to her employer to find out why they haven't paid......if she disagrees, she need to contact the HMRC.....

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018786

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_178466

From the Gov website....

If your dispute is about Statutory Sick Pay

If your employer does not believe that you are sick, even if you have medical evidence from your doctor, you may need to go for a medical examination arranged through HMRC before a decision is made. The medical examination can only take place with your permission.

jazzys

Just spoke with her again and it comes to light that the reason it hasn't been paid is the sick note was put straight into her "case file" rather than handed to wages.
saying that, the wages dept is the personnel dept. So obviously someone in there is not doing something right.

She spoke to acas again this morning and they said to put a letter of grievance in to the employer. However, she wasn't too confident that the lady she spoke to was all that clued up on the correct course of action.

Personally i'd be knocking someones door off its hinges i think.

I also read earlier that a company shouldn't be witholding "company sick pay" unless it has referred the employee for a company doctors opinion. And also it needs to historically have done it to other employees, if it is a one off it can be seen to be a "face fits" situation.

I also spoke to a friend this morning, not knowing at the time but he turns out to be a medical lawyer these days. He suggested she could almost have a psychiatric injury claim.

Jazzys

andygb

jazzys wrote: »

I also spoke to a friend this morning, not knowing at the time but he turns out to be a medical lawyer these days. He suggested she could almost have a psychiatric injury claim.
Jazzys

People do not just become a "medical lawyer" these days, as you put it, and the correct term is "medical negligence" or "clinical negligence". As for a "psychiatric injury claim", how could the company be liable for this?