Rules around ill health retirement

[Deleted User]

Hi,

Could someone just give me some advice please?

I run a small (7 employee) company and one of the employees is a 63 year old female working 15 hours per week.

The said employee suffered a heart attack and has been on sick leave for 19 weeks. She went to her G.P. to ask him for a 'fitness to work' note as I requested it due to it being a stressful job.

The G.P. gave her a note and told her she must take it to the DSS and they will arrange any benefits she is entitled to. She said the note it is not a fitness to work note as I requested but it states on it that she has been diagnosed with 'Ischemic Heart Disease' and she has to make an appointment with the Benefits Office.

Does this mean that her G.P. has deemed her permanently unfit for work due to ill health. I certainly don't think she will be able to return but she feels she is 'letting me down' and says she doesn't want to go.

What do I do now? Do I carry-on paying her SSP or do I take this note as a formal type of G.P. letter. I haven't actually seen it yet as she read it out to me on the phone. Do I have to wait until her paid sick leave has expired and do I give her 4 weeks notice from today?

Thanks again peeps

Emmzi

I would get on the phone to an occupational health company and ask how much for a referral. She doesn't want to go, she hasn't resigned, and her position is not redundant, so you need to be careful.

You need to ask if she will be able to return to work in say 6 months, or ever, if reasonable adjustments could be made.

Do you have an absence management policy?

[Deleted User]

Emmzi wrote: »

I would get on the phone to an occupational health company and ask how much for a referral. She doesn't want to go, she hasn't resigned, and her position is not redundant, so you need to be careful.

You need to ask if she will be able to return to work in say 6 months, or ever, if reasonable adjustments could be made.

Do you have an absence management policy?

That is my biggest worry really as she has stated that she doesn't want to leave.

I am going out to see her tomorrow before she takes the doctors note anywhere. She did say on the phone that the G.P. told her that she can always do some voluntary work in the future if she recovers sufficiently so all the indications are that she is medically deemed unfit for work for the foreseeable.

My company is really struggling due to her absence and I would love her to come back but when I last saw her I was quite shocked by how ill she looked - she can't walk across a room without getting breathless and the job involves lifting disabled people out of wheelchairs etc. I would worry not only for her wellbeing but also for the safety of the clients.

How long am I obliged to pay SSP for? I don't have an Absence Management Policy - just that an employee off sick for more than 4 weeks must produce a 'fitness to return to work' note from a G.P.

Has anyone come across a G.P. giving a patient a note and asking them to report to the DSS with it?

Thanks for your advice.

Googlewhacker

If you are looking to dismiss her on capability grounds then you need to be careful at how you do it and you really should get some proper advice on this.

As for the company struggling ideally you should have contingency plans in place for this type of thing happening and you really need to read up on what you have to do regarding SSP etc

McKneff

It seems strange that the doctor told her to take the note' to the DWP (DSS) it seems as if he was not aware that the lady
works, because thats what you would do if you were out of work.

If you are paying her SSP then you should have had the 'note' so that you could claim it back from the DWP, so can you see
why I'm confused.

MrsManda

SSP is payable for 28 weeks.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018786

I'm wondering whether you and/or your employee are getting confused by the 'fitness to work note'. A 'fit note' is what replaced a sick note and would state whether a person not fit for work or may be fit for work. It's not a note to say someone is fit to work.
http://www.direct.gov.uk/en/Employment/Employees/Sicknessabsence/DG_187161

The only time I've had a GP suggest taking the note to the benefits office is when I've not been employed/not eligible for SSP as the note can be used to claim Employment Support Allowance.

McKneff

MrsManda wrote: »

SSP is payable for 28 weeks.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018786

I'm wondering whether you and/or your employee are getting confused by the 'fitness to work note'. A 'fit note' is what replaced a sick note and would state whether a person not fit for work or may be fit for work. It's not a note to say someone is fit to work.
http://www.direct.gov.uk/en/Employment/Employees/Sicknessabsence/DG_187161

The only time I've had a GP suggest taking the note to the benefits office is when I've not been employed/not eligible for SSP as the note can be used to claim Employment Support Allowance.

That's why I thought maybe the doctor wasnt aware that the lady indeed worked.