been sent home from work "sick"

madmackem

Hi all,
After about 10 weeks on the sick (with full pay) I was told I could go back to work on amended duties, Visited the Doc got the required "Fit Note". At work I was given a job that aggravated my original injury so i asked for different duties, which was refused and i was told I to get another note from the Doc with more info regarding what i shouldnt be doing. Done this last week and the Doc said I was still fit for amended duties but gave restrictions on what I should do, Work have said there is no job i can do and sent me home sick. I know there are things I could do but work wont allow me to do them.
The problem I have is they will not pay me now, Only SSP.
I have Three kids at school, A wife who is registered disabled and getting her benefits (mobility and Incapacity). My normal wage is around £20k Is there anything I can claim Until I return to work?
Thanks for reading and i hope you can help me!

Googlewhacker

madmackem wrote: »

Hi all,
After about 10 weeks on the sick (with full pay) I was told I could go back to work on amended duties, Visited the Doc got the required "Fit Note". At work I was given a job that aggravated my original injury so i asked for different duties, which was refused and i was told I to get another note from the Doc with more info regarding what i shouldnt be doing. Done this last week and the Doc said I was still fit for amended duties but gave restrictions on what I should do, Work have said there is no job i can do and sent me home sick. I know there are things I could do but work wont allow me to do them.
The problem I have is they will not pay me now, Only SSP.
I have Three kids at school, A wife who is registered disabled and getting her benefits (mobility and Incapacity). My normal wage is around £20k Is there anything I can claim Until I return to work?
Thanks for reading and i hope you can help me!

Unless you are covered by the DDA a company does not have to make reasonable adjustments to someone returning to work even with a fit for note that states certain things can be done, as a Dr will not know the business you work in and all the jobs required and as such the company can say don't come back until fully fit.

As for what you can claim try www.entitledto.co.uk

NASA_2

Income Support could be claimed but income is probably too high.

I'd look into the sick pay though - are they treating you differently than others would be treated? If sick pay is usually paid at full-time rate for six months (For example) then why have they placed you on the SSP rate?

Googlewhacker

NASA wrote: »

Income Support could be claimed but income is probably too high.

I'd look into the sick pay though - are they treating you differently than others would be treated? If sick pay is usually paid at full-time rate for six months (For example) then why have they placed you on the SSP rate?

This is a good point, they have to pay you your contractual payment regardless whether you sign of sick yourself or they send you home as not fit enough, obviously eventually this will run out and you will go onto SSP

madmackem

NASA wrote: »

Income Support could be claimed but income is probably too high.

I'd look into the sick pay though - are they treating you differently than others would be treated? If sick pay is usually paid at full-time rate for six months (For example) then why have they placed you on the SSP rate?

The usual rate of sick pay is full for 6 months, then half pay for 6 months.
I'm unsure as to why they wont pay me, they just said they found me a job that i "should" be able to do, because I cant do it they sent me home without pay. My Trade Union rep is looking into it but i havent heard anything yet. I know in our T&C it states that if your are sick and unable to carry out your duties, but are still able to attend work you should help colleagues in their roles wherever you can - That is what I was doing for 2 days until yesterday morning when I was sent home.

Off to check out Entitledto now
Thanks guys

hush_little_baby

You should look into this being counted as one period of sickness rather than two, especially if you think you will be better and back on full duties before the 6 mths is up, this way they can't get out of paying you as they already have iyswim.

Is your rep good? If not don't be afraid to call direct for further advice, i ahve seen more crap reps than good ones. hth

kb92830

Madmackem, are you sure you have been sent home sick? or have they sent you home because you are unable to carry out your normal duties. If your doctor has signed you back but you are saying you cant do the job then it is very different from being sick. You state your doctor has said you are fit for work (I accept what has also been said that your GP doesn't know the ins and outs of you role), if this is the case you could be seen as refusing to go back to work and therefore the employer has no obligation to pay you your contractural sick pay, and may even be in a position to dismiss you for gross misconduct (failing to carry out a reasonable request). If you are viewed as sick by your employer sick pay can still be denied but it would normally be as a sanction from a disciplinary which could run alongside any kind of absence management hearing process you company may operate. Without knowing the fine details of your employers process and procedures it is impossible to dtermone what they can or can't do, I can tell you though, that having been a manager of a major company for a long time I have denied staff sick pay if they have failed to follow procedure so don't assume just because your contract states an entitlement to sick pay that they have to pay it.

madmackem

kb92830 wrote: »

Madmackem, are you sure you have been sent home sick? or have they sent you home because you are unable to carry out your normal duties. If your doctor has signed you back but you are saying you cant do the job then it is very different from being sick. You state your doctor has said you are fit for work (I accept what has also been said that your GP doesn't know the ins and outs of you role), if this is the case you could be seen as refusing to go back to work and therefore the employer has no obligation to pay you your contractural sick pay, and may even be in a position to dismiss you for gross misconduct (failing to carry out a reasonable request). If you are viewed as sick by your employer sick pay can still be denied but it would normally be as a sanction from a disciplinary which could run alongside any kind of absence management hearing process you company may operate. Without knowing the fine details of your employers process and procedures it is impossible to dtermone what they can or can't do, I can tell you though, that having been a manager of a major company for a long time I have denied staff sick pay if they have failed to follow procedure so don't assume just because your contract states an entitlement to sick pay that they have to pay it.

I was definately sent home, Work are using my "fit note" as a sick note. I was told at meeting with personnel that as i was unable to do the job they found me I am to be considered as sick and told to leave.

kb92830

They cant use a fit for work note as a certificate for being sick. For ssp purposes it can only be paid if you are certified as being sick either by yourself or your doctor. I personally think you need to speak to you personnel department and clarify exactly what position you are in, the wording in your last post is very different from your first post, this time you say you were 'sent home' and that they saw you as being 'unable to do the job they found you', neither of those statements indicate to me that they view you as sick, but rather they just cant' accomodate any necessary adaptions you may need, if this is the case and as you say you have been signed back fit for work then it is almost that they have put you on unpaid absence rather than sick. As previously said you need to clarify with your HR department exactly what you position is and also ask for copies of the relevant procedures to make sure they are sticking to their process, again I have stopped sick pay for someone that has been signed back but then states they cant fulfil the whole or adapted role

madmackem

kb92830 wrote: »

They cant use a fit for work note as a certificate for being sick. For ssp purposes it can only be paid if you are certified as being sick either by yourself or your doctor.

Apparently they can, Quote from direct.gov website
Discussing your fit note with your employer

If your doctor has indicated that you 'may be fit for work', the fit note will give your employer the information needed to begin a discussion on whether you can return to work.
If it is possible for you to return to work, agree:

• how this will happen
• what support you will receive and for how long
• how your pay may be affected if you return to work on different hours or duties

Sometimes it may not be possible for your employer to make the changes required to help you return to work. If this is the case, you will not be able to return to work until you have further recovered. You can use the statement as if your doctor had advised you were 'not fit to work'. You will not need to see your doctor for a new fit note.


I have been asked to see the company doc next week and should have a meeting with personnel and union rep too.
Meanwhile I am having an operation in less than two weeks to hopefully correct my injury but this will mean 4 - 6 weeks recuperation. Its all going wrong!!