Can my employers do and say this?

rippedoffnewwife

Right here is one for you folks, I have worked for the same company for five and a half years. In which time the only time off I have had is to attend hospital appointments and taking my daughter to the orthodontists (only ever half days). I own my own horse (reason for adding that will become clear). When I take holidays I am only allowed to take a max of one week.
Now for the past few weeks I have been ill, I have had to attend hospital for tests on my heart (thankfully all clear!) and I have to go for a scan tomorrow as they are thinking I have gallbladder stones. Now here is the problem, last week I became so ill that my doctor signed me off work for two weeks. I was ‘allowed’ by my employer to remain at home on Thursday and Friday (paid) on the condition I returned to work on Monday. They told me that I was not entitled to statutory sick from them as they could not claim it back! I work 30 hours a week. But the best is yet to come. Not only have I returned to work while I am still signed off, yesterday the office manager (thankfully who works in the main branch as if she was here I would of slapped her) told me that I could not work and keep a horse a same time!!! They say that my illness is ‘related to keeping a horse’ but the last time I checked you cant catch gallbladder stones from a horse! And while I have been ill and off work last week my friend has been taking care of my horse for me.
Apparently it is to much for me so I should really get rid of horse! As you can image I am totally furious at this remark, what I do in my spare time has got nothing to do with my employer’s. I am wondering if this would be a case of discrimination?

shikoku

You should not be working whilst signed off, for insurance reasons. The employer must be very naive to allow this.

As for the horse remark I would just ignore it.

Pete111

rippedoffnewwife wrote: »

Right here is one for you folks, I have worked for the same company for five and a half years. In which time the only time off I have had is to attend hospital appointments and taking my daughter to the orthodontists (only ever half days). I own my own horse (reason for adding that will become clear). When I take holidays I am only allowed to take a max of one week.
Now for the past few weeks I have been ill, I have had to attend hospital for tests on my heart (thankfully all clear!) and I have to go for a scan tomorrow as they are thinking I have gallbladder stones. Now here is the problem, last week I became so ill that my doctor signed me off work for two weeks. I was ‘allowed’ by my employer to remain at home on Thursday and Friday (paid) on the condition I returned to work on Monday. They told me that I was not entitled to statutory sick from them as they could not claim it back! I work 30 hours a week. But the best is yet to come. Not only have I returned to work while I am still signed off, yesterday the office manager (thankfully who works in the main branch as if she was here I would of slapped her) told me that I could not work and keep a horse a same time!!! They say that my illness is ‘related to keeping a horse’ but the last time I checked you cant catch gallbladder stones from a horse! And while I have been ill and off work last week my friend has been taking care of my horse for me.
Apparently it is to much for me so I should really get rid of horse! As you can image I am totally furious at this remark, what I do in my spare time has got nothing to do with my employer’s. I am wondering if this would be a case of discrimination?

Whilst I agree that the both the companys stance on SSP and the comment regarding your horse are utterly ridiculous (and should be challenged by you) there is (as yet) no discrimination law related to equine ownership....

Uncertain

shikoku wrote: »

You should not be working whilst signed off, for insurance reasons. The employer must be very naive to allow this.

That is very sweeping and not always correct.

There are many situations where an employer may choose to allow somebody signed off sick to come in. It MAY have insurance implications but this depends on the nature of their policy. In any case this is the employers problem.

However the situation here is almost the reverse. The employer "insisted" that the OP came in - quite wrongly.

Whether or not they can claim SSP back (and this is complicated) is neither here nor there. Again the employer's problem and not the OP's.

Failure to pay SSP should be reported to the DWP and HMRC. I would suggest the OP files a formal grievance. Take care not to run out of time to make a tribunal claim (three months less 1 day from when it should have been paid) if they refuse to pay.

Finally whether the OP keeps a horse, a budgie or an elephant is none of the employer's business!

haveibeendone

No comment on the horse RONW but you can check the SSP position with the Disputes team in Newcastle u Tyne.

As I understand it if your employer is not obliged to pay SSP then you make a claim to the jobcenre.

The employer is required to give you a form (SSP1??) stating the reasons why you cannot be paid.

If the JC refuses the employers reasons and the employer won't pay try Customer Operations National Insurance Contributions Office, Statutory Payments Disputes Team, BP2301 Benton Park View, Longbenton, Newcastle upon Tyne, NE98 1YS
Tel 0191 225 5221

Googlewhacker

rippedoffnewwife wrote: »

Right here is one for you folks, I have worked for the same company for five and a half years. In which time the only time off I have had is to attend hospital appointments and taking my daughter to the orthodontists (only ever half days). I own my own horse (reason for adding that will become clear). When I take holidays I am only allowed to take a max of one week.
Now for the past few weeks I have been ill, I have had to attend hospital for tests on my heart (thankfully all clear!) and I have to go for a scan tomorrow as they are thinking I have gallbladder stones. Now here is the problem, last week I became so ill that my doctor signed me off work for two weeks. I was ‘allowed’ by my employer to remain at home on Thursday and Friday (paid) on the condition I returned to work on Monday. They told me that I was not entitled to statutory sick from them as they could not claim it back! I work 30 hours a week. But the best is yet to come. Not only have I returned to work while I am still signed off, yesterday the office manager (thankfully who works in the main branch as if she was here I would of slapped her) told me that I could not work and keep a horse a same time!!! They say that my illness is ‘related to keeping a horse’ but the last time I checked you cant catch gallbladder stones from a horse! And while I have been ill and off work last week my friend has been taking care of my horse for me.
Apparently it is to much for me so I should really get rid of horse! As you can image I am totally furious at this remark, what I do in my spare time has got nothing to do with my employer’s. I am wondering if this would be a case of discrimination?

Honestly, that has to be the stupidest thing I have ever seen someone say to an employee!

duchy

Quite honestly I don't understand why you are valuing your job above your health-or indeed why you bothered going to the doctor to get signed off.

You are signed off sick -as unfit for work.

I'm wondering who is dafter -your employer or you for letting them walk all over you.

rippedoffnewwife

Thank you for your advice folks, I have just spoken to ACAS and they where a tremendous help it appears that my employer is breaking a few rules with me.

rippedoffnewwife

duchy wrote: »

Quite honestly I don't understand why you are valuing your job above your health-or indeed why you bothered going to the doctor to get signed off.

You are signed off sick -as unfit for work.

I'm wondering who is dafter -your employer or you for letting them walk all over you.

What a great help your post is ……………… what’s the saying if you have nothing constructive to say ??
You obliviously have never been the victim of workplace bullying to actually take the time to post such a pathetic comment!!!!

pimento

I agree with Duchy. Act like a doormat and they'll wipe their feet on you.

Caroline_a

Can I ask what the company does? It seems very draconian...