Sick pay :(

MissNice

Hi All,
I'm in the process of being diagnosed with ME/CFS (doctor thinks I have it, but need to see a specialist to get an official diagnosis).
Work has recently caused a really bad relapse due to stress (doing 4 people's jobs) and I was bed bound for about 2 weeks. On my doctors advice, I am trying to return to work by doing shorter hours (starting between 9-10 each day and finishing at 4 instead of my usual 8-5) which I am struggling to do because I'm still not better, but it pleases them because at least I am doing some work.
I had the relapse the week of 19th May, went back part time on the 29th and have been doing the part time hours since then. Only today when I get in work with another doctors note telling them I am only fit for work doing part time hours, they tell me they are only going to pay me for the hours I am in. Our sick policy is "at the directors discretion" so they can pay me if they want to, but they dont. They said I will get SSP for the hours I'm not here, which works out about £2 an hour. I'll be hundreds down per month which will only add to my stress and make me more ill. The other alternative is I go back full time in order to pay my bills but end up burning myself out and probably needing a few weeks off in future.
I have told them that the stress of work has caused this relapse in my health and I have never been this ill before and it is because of them that this has happened.
I know by law they dont have to pay sick pay (not on full wages) but why tell me so late? This stress is only going to make me worse which will mean I am less effective at my job.
I cant stop crying since I have found this out, I really dont know what to do

EitherWalnut

Hi MissNice,

I'm so sorry you are in this position, and I hope you start to feel better soon.

Unfortunately I doubt there is much you can do at this point. If you can at least work some hours and get SSP for the rest you are better off than if on full-time SSP.

Once you have a diagnosis, you can then be classed as having a disability and your employer by law then has to make reasonable adjustments for you. If this is still a long way off, you may find it more beneficial to look for another job.

MissNice

Thanks, I'm struggling financially at the moment as it is so I'm really worried I'm not going to be able to pay my bills
I'm looking for a new job at the moment anyway because I'm underpaid for the work I do and this job is making me ill.
Is ME/CFS classed as a disability?
I think I'm going to have to work full time hours to pay my bills, but I will tell them it will likely cause another relapse where I will be off for another few weeks and my quality of work will decline too.
Can they stop paying me even though they caused this relapse in my health? Fair enough if I'd broken my leg rock climbing out of work or something, but they have caused this decline in my health, I was just about managing before!

Takeaway_Addict

MissNice wrote: »

Thanks, I'm struggling financially at the moment as it is so I'm really worried I'm not going to be able to pay my bills
I'm looking for a new job at the moment anyway because I'm underpaid for the work I do and this job is making me ill.
Is ME/CFS classed as a disability?
I think I'm going to have to work full time hours to pay my bills, but I will tell them it will likely cause another relapse where I will be off for another few weeks and my quality of work will decline too.
Can they stop paying me even though they caused this relapse in my health? Fair enough if I'd broken my leg rock climbing out of work or something, but they have caused this decline in my health, I was just about managing before!

If you relapse then you won't get paid anyway so surely not a good idea?

Work related stress is difficult to prove and having a doctors note saying this is not particularly relevant as your doctor is only hearing one side of the argument.

If you think you have a claim then you need to go see a lawyer and sue them for losses incurred by them but at the moment if it says discretion then yes they can not pay you for time you are not off except SSP.

ME/CFS I would expect would come under the equality act 2010 and the employer is required to make reasonable adjustments but this might not include full pay whilst of sick.

Undervalued

Takeaway_Addict wrote: »

Work related stress is difficult to prove and having a doctors note saying this is not particularly relevant as your doctor is only hearing one side of the argument.

Yes indeed. Although your GP will have had considerable training in mental health issues his / her opinion of what may have caused the problem is no more than one piece of the jigsaw.

If you are to have any hope or making a successful personal injury claim against your employer you will need considerably more evidence than that.

Don't underestimate just how stressful making such a claim will be. The problems at work could be a drop in the ocean by comparison.

Yes, it can and has been done but think long and hard.

Realistically you need a different job and it may be more realistic to try and reach some kind of modest severance package with the firm (i.e a settlement / compromise agreement) along with an agreed reference.

MissNice

I don't think I'll go along the lines of a personal injury claim. My doctor has advised I need to try and reduce stress as much as possible so work dropping this on me isn't helping at all

theoretica

Would your part wage and part ssp entitle you to any benefits such as housing benefit or lower council tax?

MissNice

No, I dont think so. I earn just over the threshold where I cant claim anything, but still struggle to live!