Returning to work after sick. Problems.

sandy71

I have had 3 months off work sick and was due to go back on Thursday. My doctor has said I'm ok to go. I informed work who told me they were consulting a solicitor and I would receive a letter. The letter arrived and it was written as if from my boss.

They are basically saying that they won't believe I am fit for work without written confirmation from my doctor and enclosed a form for me to sign giving them permission to contact my doctor.

I was due to go onto SSP if I hadn't gone back but they have said they will give me half wages for the next month until this is sorted. Am I entitled to ask for full wages as I am willing to go back and the doctor say's I can?
They employed me for a year with this condition, now they are saying I am a health and safety risk:mad: I have worked for them for 5 years.

Sorry for rambling but I am shocked this is happening. Thanks in advance.

McKneff

They are well within their rights to contact your doctor (with your consent of course) If your doctor says you are okay to go back to work surely he gave you some sort of documentation. He gave you (presumably) documentation to sign you off (sick note).

I dont actually see what your problem is, the company are not only covering their own backs, they are making sure you are fit and well and able to carry out your duties without harm to the company or you.

sandy71

I don't have a problem with them contacting my doctor and I can understand why they did it. (Not sure about the way they went about it but thats a whole other story)

My problem is is it fair to only give me half wages when I said i can work and so did the doctor.

Newbiesw

Call me suspiscious but it all sounds very suspect to me by both parties.
Can't see why any employer would call in Solicitors because you say you're returning to work (assumingly with the standard "Signing-Off" certificate).
So you've been off sick for 3 months (on full pay?) and just happen to feel better to return to work just as reduced pay of SSP is about to kick in?(this is how your employers may be viewing it).
Are there other factors involved which you haven't mentioned?....otherwise its a bit drastic calling in Solicitors just because some-one is returning to work ?
Sickness schemes are variable from Company to Company, you should consult your Contract/Handbook.

Newbiesw

Vader123

It sounds like your annoyed more abut half pay and SSP rather than if you are ill etc.

How long have you been off and how do the dates work with regard to your intended return to work compared to the day your SSP would start.

If they are close it sounds like your employer could be worried you are trying to push yourself back to work to avoid SSP, or the timing of the return work is suspicious.

Vader

DaisyFlower

I thinks Vadars right, they probably have noticed that your tie in with returning is at the point where you are no longer entitled to full pay.

They are covering themselves as most companies have to in this day and age due to people suing for anything and everything.

I think half pay is very fair, especially given you have had three months on full pay - it could have been SSP from the start. The sooner you consent to them having access to your doctor the quicker you can resolve the issue.

sandy71

I have had sick notes for the whole time I was off. I got full pay for the first 2 months then half pay for the last month.
The main reason I was off was because i was having a medication change and my doctor rushed it so I could be back in 3 months, my employers know this and were fine with it to start with. I work because I enjoy it, we could cope on SSP, things would be tight but we could do it.

One of the reasons I am going back is because they keep asking me when i am going back, they are a small company and I know other staff are covering for me but thats not my responsibility.

The only things I haven't mentioned is I don't have a contract, If I mention it I'm told "oh its on the computer " and that's it. My boss was also my friend for 10 years before i started working for her.

jdturk

you do have a contract, if its not a written one then it is statutory terms

jdturk

sandy71 wrote: »

I have had sick notes for the whole time I was off. I got full pay for the first 2 months then half pay for the last month.
The main reason I was off was because i was having a medication change and my doctor rushed it so I could be back in 3 months, my employers know this and were fine with it to start with. I work because I enjoy it, we could cope on SSP, things would be tight but we could do it.

One of the reasons I am going back is because they keep asking me when i am going back, they are a small company and I know other staff are covering for me but thats not my responsibility.

The only things I haven't mentioned is I don't have a contract, If I mention it I'm told "oh its on the computer " and that's it. My boss was also my friend for 10 years before i started working for her.

Nice to see you don't care about your other colleagues! I think half pay is more than fair by the company but I would question if it is legal....if you turn up on the day your sick note runs out and they send you home then I would have thought you would be entitled to full pay. Talk to ACAS on this point!

Even you must say it looks to much of a coincidence and I think the company have every right to ask for a back to work note because they want a reliable employee and want to make sure that as their 'duty of care' to the employee that you are not being rushed back into work....they are covering their backs!

sandy71

jdturk wrote: »

you do have a contract, if its not a written one then it is statutory terms

You made me remember I was told by someone else that if I had been doing the same thing for a year it's the equivalent to a contract, not sure how true that is.

With regards to the other issues such as fitness etc I am dealing with that myself and know where I stand on that. It was just the question regarding the half pay I was asking for advice about.
I know it must seem like I am only going back because my 3 months is up but that's what was agreed with my employers when i first went off assuming all went to plan.

sandy71

jdturk wrote: »

Nice to see you don't care about your other colleagues! I think half pay is more than fair by the company but I would question if it is legal....if you turn up on the day your sick note runs out and they send you home then I would have thought you would be entitled to full pay. Talk to ACAS on this point!

Even you must say it looks to much of a coincidence and I think the company have every right to ask for a back to work note because they want a reliable employee and want to make sure that as their 'duty of care' to the employee that you are not being rushed back into work....they are covering their backs!

What I meant by it not being my responsibility is that it's up to my employers to find someone not me. The people who are covering for me are friends and I didn't realise they would be covering.
When I told them the doctor was signing me off they asked me to woek 4 more days so they could find cover. I thought they would bring in a temp.