Signed Off - Underpaid the month before Xmas

Hbeard

Thank you all so much for your feedback, its very appreciated.

Regarding the Fit Note/MMS, when I enquired how thye would like these sent to them this was what they asked for. I of course have all the hardcopies and can produce them whenever needed. I take the point about it being my responsibility which is why I suggested a weekly update through phone or in person but they declined.

I will look over my contract ASAP to see what the details are regarding SSP and sick pay, however I know there is a precedent set for another employee in a similar role to mine who was signed off for 9 months and he received full pay for that entire period. It seems like they are trying to claim that because I missed a Fit Note that I have been marked as Absent and am only receiving basic SSP.

Either way, I have no real options here. Local boot sale ahoy.

When_the_going_gets_tough

Are you sure this is not an admin hiccup and now that they have your sick note your pay will be rectified in December? I would start by following that up fully then you know where you stand going forwards.

Undervalued

Hbeard wrote: »

Thank you all so much for your feedback, its very appreciated.

Regarding the Fit Note/MMS, when I enquired how thye would like these sent to them this was what they asked for. I of course have all the hardcopies and can produce them whenever needed. I take the point about it being my responsibility which is why I suggested a weekly update through phone or in person but they declined.

I will look over my contract ASAP to see what the details are regarding SSP and sick pay, however I know there is a precedent set for another employee in a similar role to mine who was signed off for 9 months and he received full pay for that entire period. It seems like they are trying to claim that because I missed a Fit Note that I have been marked as Absent and am only receiving basic SSP.

Either way, I have no real options here. Local boot sale ahoy.

Sadly that in itself is irrelevant. There is a popular misconception that an employer must treat all employees the same. That is simply not the case. There are a handful of reasons protected by law (gender, race, religion etc) but apart from that an employer can perfectly lawfully discriminate for any reason or no reason at all.

As I said earlier, if your sick pay is discretionary (as is most likely) then basically you have got to hope somebody senior likes you enough to choose to pay it!

In a private sector job nine months full pay is quite exceptional. Even the best public service sick pay schemes were six months full and six months half. They have all but disappeared for new employees who are generally on far tighter terms.

Valli

Have you got an insurance policy in place to cover your mortgage/outgoings?

FBaby

You need to check the company sickness policy. It is very possible that it makes it clear that sick notes need to be sent to HR by post and that any other mean won't be accepted.

I know that my organisation is quite strict about this sort of things, just because it's a large organisation and it can get quite messy if everyone start to do their own things. As a manager, I wouldn't be responsible for checking if one of my employees sent a sick note on time, this process is managed by HR under their rules.

KiKi

Have you called HR to explain the situation, and ask if they can pay you now they have the note? If you explain what problems this will cause you, and ask them you may get a favourable response.

If you do, focus on the fact that you know you should have checked your manager received the note, and that as soon as you realised he hadn't, you sent a copy of the note in. Focus on the fact that you know you're asking for a favour, but are hoping they can help etc - rather than pointing out where they've not been helpful, or where they've not engaged with you (as that will only get their backs up!). Basically, play on goodwill and acknowledge that's what you're doing.

I think that's your only hope at this stage. If the first person you speak to says no (they'll probably be an admin person), ask to speak to the HR manager / payroll manager and try again. That's all I can recommend. It's very frustrating when you think you've done everything you can, your employer hasn't really engaged and then you end up struggling - although ultimately it's your responsibility to check the fit note was received.

Best of luck.
KiKi

DCFC79

Id forget about xmas this year, make sure other bills are paid before think about xmas.

Hbeard

Apologies for not posting the conclusion.

After a lengthy debate with a member of my companies HR team I asked them to confirm my summary of the situation;

'I have supplied numerous Fit Notes from my Doctor confirming my condition, as well as the date that my surgery is taking place. I have volunteered to work light duties and to attend weekly/monthly update meetings, all of which my employer declined. Upon not receiving my latest Fit Note, my employer took no action to retrieve it or enquire after it, just went straight to disciplinary action and stopped my pay, the week before surgery and a month before Xmas'

I asked if that was an accurate summary, they agreed and I informed them that I would be going to my solicitor, at which point they promptly changed tack and offered me the full months pay they had held back and agreed to a different method of supplying fit notes.

All in all I came out on top, although I got hit by the Tax a bit harder as a result of the odd payments. Thanks again for the insight and advice!

TL;DR

I got my money by threatening legal action and being professional with all my documentation.

sangie595

Hbeard wrote: »

I got my money by threatening legal action and being professional with all my documentation.

Make sure you continue to document everything. Unless they are an unusual employer, you just painted a target on your back.