Sick/fit notes, ESA and employers advice please

TrixieB

I have been signed off work by my GP for some months now. My entitlement to SSP has run out last week and I have applied for ESA sending off my most recent sicknote two days ago.

I took a copy of it for my employer. They are saying they need the original and I shouldn't have sent it to the DWP and that if I don't get it back they can sack me.

What do people do in this circumstance? get two sick notes or something?

I cannot ring my GP surgery to check as I haven't any credit left and cannot get up there til tomorrow to ask.

System

I am not sure whether they can sack you but they do need to see the original fit note rather than a copy. They can take the details from it and return it to you.

TrixieB

He was saying they needed the original not to just see it but to actually have and keep?

Uncertain

TrixieB wrote: »

He was saying they needed the original not to just see it but to actually have and keep?

Well he is wrong!

You won't be able to get ESA without sending the original to the DWP. They will then send you a reminder shortly before each sick note runs out.

The employer might have some grounds for wanting to see the original and make their own copy but even this is a bit OTT in my opinion.

Uncertain

!!!!!! wrote: »

I am not sure whether they can sack you but they do need to see the original fit note rather than a copy. They can take the details from it and return it to you.

Once SSP has run out it is debatable if they even need to see the original. Given time the OP will have proof that they are getting ESA which, in itself, proves that they have either been certified sick by their doctor or further down the line have passed an ESA medical.

TrixieB

Thank you for reply. He did upset me tbh as alongside this I feel they were egging me on to resign as well. He said that seeing as the SSP was run out that I wasn't technicall yon the books anymore and he would employ someone to replace me and my job might not be there should the company still be employing me by the time I was fat to return.

He was rather bolshy about it, but then this is coming from the guy who told me there's no such thing as SSP and then when he realised there was told me everyone was only entitled to 4 weeks of it

TrixieB

Fit to return lol

Uncertain

TrixieB wrote: »

Thank you for reply. He did upset me tbh as alongside this I feel they were egging me on to resign as well. He said that seeing as the SSP was run out that I wasn't technicall yon the books anymore and he would employ someone to replace me and my job might not be there should the company still be employing me by the time I was fat to return.

He was rather bolshy about it, but then this is coming from the guy who told me there's no such thing as SSP and then when he realised there was told me everyone was only entitled to 4 weeks of it

Sounds as though you have something of a cowboy employer!

That said however a company can perfectly legally take steps to dismiss an employee who is off sick long term. There are procedures to follow if they are going to do this properly but it can be done.

It is nonsense for him to say "you are not technically on the books".

Incidentally you continue to accrue paid holiday all the time you are off sick and the firm will have to pay you for this even if they terminate your employment. That will give them a shock!

By the sound of it you need to give him enough rope to hang himself so I would take some proper advice. Your house insurance may well provide some legal cover and / or access to an advice line.

There is also the CAB and ACAS although I would double check any advice they give you (for example on here) as we quite often find they are mistaken.

It is almost never in your best interest to resign in these situations so don't be provoked into doing that. It is better to let the firm make all the moves as they may well get it wrong.

TrixieB

Maximum 28 weeks’ entitlement paid
If your employee is still off when you have paid SSP for
28 weeks, fill in form SSP1 and send it to your employee without delay. Your employee will need to use form SSP1 to claim Employment and Support Allowance (ESA).
If you know in advance that your employee will continue to get SSP for the full 28 weeks, you should issue form SSP1 at the 23rd week to ensure there is a smooth change over to ESA.

Just seen this on another thread and am rather cross to say the least. I could have had ESA all done and dusted and not be left with no money for a few weeks!
I have forwarded it on to the boss with a link to the whole document.

It's a national company and only the boss has dealings with the HR dept/payroll etc so we always have to go through them and as they are totally incompetent in my eyes, obviously things don't get done properly or at all, but we don't know until something happens like not getting paid for 3 weeks as they didn't forward on the sicknotes in good time :mad:

Also small things like I have been off for 6 months now and I have repeatedly requested they post me my payslips as cannot always physically get out of the house and needed them for housing benefit previously. They only ever sent me one. Have had to wait until I have been able to go up myself and collect a wodge of them, or someone kindly went to fetch them for me which resulted then in HB being delayed and being out of pocket due to having to still pay th rent on time.

I've spoken to ACAS before with regards to the whole sickness thing and the man i spoke with was very very good so will give them a ring tomorrow if I can spare the money to top up my phone. i'm well aware they can do the capability thing on me, which they have said all along and understand that. To be honest after the way I have been dealt with I wouldn't want to go back anyway.