Reduced Sick Pay - Off sick due to harassment

stevejbrecon

Hi,

No she will be on SSP as of tomorrow.

I guess my question is that if we can resolve the grievance with confirmation that there was bullying on the part of the staff member. Is there any remedy for her to claim back the money she missed out on whilst on reduced sick pay?

Or is the only method from here to make a claim and seek the opinion of an independent medico-legal expert to prove that the exacerbation of symptoms was as a result of the bullying?

Cheers all

Lord_Baltimore

I know you will be keeping sight of the fact that in the midst of this wrangle your wife will be experiencing additional stress - not good for anyone but especially not good for an epileptic. She must not, imho, return to the job where her stress was caused.

The money side of things is important but paramount is that her epilepsy does not degrade her health further. There may be a point when you should accept a compromise of some sorts to 'protect' her.

As a Council employee I believe there will be options made available to her if you don't push too hard. This is the kind of compromise that will ensure her a return to work when she is well enough to do so.

Takeaway_Addict

The reasons why someone is off are irrelivent (on the whole) to the contract of sick pay and why it is paid out, providing they honour the contract on that side of things they are legally correct.

If you can prove she is off due to work place problems then you would possible have a claim against the employer for loss of earnings but considering this is covered by insurance there is little incentive to the employer paying this up front.

sangie595

stevejbrecon wrote: »

Hi

Thanks for the response.

Don't worry, I work in a different area of the law so I am fully versed in just how much of an !!! it can be.

She is employed by the council. This is because her role is a council funded position specifically aimed at improving literacy in a certain school. Its a strange situation but her employer is definitely the council.

The school have already apologised for the behaviour of the other staff member and an internal disciplinary procedure is being brought against them. Unison have largely washed their hands of the whole issue now that a mediation meeting has been arranged. Basically saying "we've done our bit, your on your own".

the school have said that she needs a fit note to return to work. Her doctors have said that they won't issue a fit note until OH have advised that she is fit to work again. Whilst I appreciate that OH have no legal ability to issue fit notes or sick notes when they are in the same doctors surgery and in fact the office next door, to her doctor, I see no real prospect of the doctor going against their advice.

Is the only solution from here for her to resign and claim constructive dismissal based on the harassment and bullying and hope that a settlement can be achieved that way? Or does she have ground for reinstatement of full sick pay if the grievance resolved and the school agrees that there was bullying?

Will she still need to claim separately for back payment of the missed money? Can she even do this? Or is that money just forever lost?

Thanks - I usually get my head bitten off for telling people things they don't want to hear!

Since this is the Council, then I suspect that there is no mileage in getting her full pay reinstated despite the fact that the employer appears to agree to the bullying. The stick pay policy is absolute, and starting to make exceptions will blow holes in it. I can't see a council doing that. And I work with council employees ( one of the other unions! ) so I am pretty good at knowing the ropes.

And whilst the approach of her union could do with a bit of brushing up, the basics are correct. The school has taken action. The matter is closed, and her grievance resolved. So there is no liability against the employer. They have done what the law requires them to do. And in all fairness, they have. It isn't just what the law requires - they have dealt with the grievance and upheld it. Employers often don't! The employers actions means they have no liability. If there were any mileage in legal action it would be for personal injury and losses against the individual responsible - and I honestly wouldn't expect to get very far with it.

This now does come down to her medical fitness for work. Regardless of who is pulling the strings ( and having a connection between the GP and occupational health is unusual - what is this about?) it is the GP's responsibility to decide whether she is fit for work or not. She could ask for a second opinion from someone else if she believes the GP is incorrect in their assessment. Without a fit note she cannot return to work.

Claiming unfair constructive dismissal won't fly. The employer had met the requires and dealt with the bullying, and there is nothing unreasonable about refusing to allow someone to return to work without a fit note. Especially in these circumstances, because it becomes a safeguarding issue. I have no doubt that based on what you say here, you would lose.

FBaby

I guess my question is that if we can resolve the grievance with confirmation that there was bullying on the part of the staff member. Is there any remedy for her to claim back the money she missed out on whilst on reduced sick pay?

But you say higher up in your post that a move to another school (so where the bullying wouldn't be an issue, or at least we can assume) is not an option because of her health as deteriorated.

So how can you evidence that the stress of the bullying is what is causing her her current symptoms and therefore that the school is responsible for her not coming back?

densol_2

Does the council have an injury benefit compensation scheme ? If the " injury " is caused by work then a claim can be made against the scheme to guarantee pay at 85% of the salary. That's a temporary award ( also extends sick pay ) while off sick, and there is also a permanent side if the person has to leave work and injury is permanent. Doesn't include pre existing obviously but does include exasperation of existing condition and new condition ( mental health )

Also investigate industrial injury disability benefit.

pleasedelete

Is she a teacher? Different rules for teachers to support staff.