Should my employer tell me about SSP

DCFC79

megadishu wrote: »

What is sad is that I did not find out about entitlement due to not having a contract and no clue about my sick pay entitlement - i.e. how long I would be paid full pay, part time pay etc whilst off sick.

Despite you not having a contract you could have still asked what happens with regards to being sick/ill, not neccessarily now but some point after you started in the job.

ableandy

Just noticed it was two weeks ago. You could still ask for your job back.

In a recent case a probationary police officer resigned from her employment. At the time of her resignation neither she nor the police force was aware of any health problems. However shortly after resignation the employee was diagnosed as suffering from depression. Accordingly two weeks after her resignation she asked to be reinstated explaining that her decision to resign was taken in haste due to her depression. Her request was refused and she was advised if she wished to rejoin she would have to reapply.

The employee complained to an Employment Tribunal that the Policy, Criterion or Practice (“PCP”) not to allow officers who have “retired” to be reinstated placed those with depression at a substantial disadvantage as their decision to leave was more likely to be on irrational grounds. She brought a claim that the refusal to reinstate was a failure to make a reasonable adjustment.

Surprisingly the claim was successful and upheld by the Employment Appeal Tribunal. Even more so because the individual was no longer an employee when the request to make a reasonable adjustment was made – the obligation to make reasonable adjustments being to remove a substantial disadvantage to keep a disabled employee in employment.

Takeaway_Addict

megadishu wrote: »

Actually my question was not whether I could get SSP and full pay but was to ask if there was a duty of care on behalf of the employer. I realise that I should not have resigned and stayed on being sick which now would have gone on to SSP after full pay.


I actually was on full pay but offered to go on less hours as I was being off a lot, so maybe doubly stupid.


What is sad is that I did not find out about entitlement due to not having a contract and no clue about my sick pay entitlement - i.e. how long I would be paid full pay, part time pay etc whilst off sick.


When I reduced my hours I was due about £2k in commission which was taken away from me. However, I loved my job, like the company and felt morally that I was doing the right thing as it would have been difficult for them to employ somebody else whilst paying me.


So sorry if I have wasted anybody's time, but my question was in hope that I had missed something that somebody else knew that I did not.


It seems forget your conscience and do not resign but let a company keep paying, go onto whatever sick pay you can get and screw the rest of them!

Morally you are right and most decent people would feel the same, However, individually you do have to look after yourself which might have meant not resigning.

You could try as ableandy says but the likelyhood IMO is that this won't wash as the police are a large organisation that can make reasonable adjustments easier than most companies, especially smaller ones.

Also, you might want to look at benefits you might be entitled to now.

I feel for you, I know someone that suffered from ME and it sucks.

marybelle01

Previous posts can be most helpful.


With the greatest of sympathy for the OP, because ME is very unpleasant - they had a great relationship with their employer who created a position for them to keep them in work. Allowing the maximum of flexibility for the OP to cope with their illness. And they have also paid full pay when off sick, and in the absence of a contract that says otherwise, they didn't have to do that.


OP, sorry but I think your employer has been really fair to you. And you resigned. Your choice. Why go looking for a "case" now?