Stat Sick Pay Fraud

sangie595

FionaSheila16 wrote: »

He is a bad egg no doubt, and makes a mockery of those who actually do suffer from depression. .

And that's the point, isn't it? Get burned once and many employers are much less willing to take the risk again. It is really so easy to ensure that you never "happen" to employ people with disabilities. Or to sack them for some other reason entirely before they get to two years service. The law doesn't stand a chance. And it is the honest people who would never think of doing something like this that suffer because they struggle to find employers who will employ them.

Undervalued

FionaSheila16 wrote: »

What i've learned from this whole experience is that employees rights hugely outweigh employers rights. Now this may be in our case only, but I've been utterly baffled by the whole thing.
We genuinely haven't done anything wrong and I'm not being arrogant saying that.
The employee was supported from the outset and was given time off for doctors appointments, latecoming and mood swings which as we were often reminded part of his condition. His illness by the way is depression / stress.
His roles in the cafe included food and beverage preparation and money taking at the till. We have a copy of an email sent to the employer of his 2nd job saying he is "super eager to work", and that he's "available for any other events over the summer months". News to us!!!! The role in this 2nd job was food and beverage server at a music festival. So very similar to his work with us.
When we invited him to a meeting he aggressively told us we were invading his privacy, not recognising his illness and after 3 further emails, he resigned (assuming of course, he knows that we know he's been working elsewhere). He is seeking legal advice although I'm not sure what for!!
He will be paid til Friday plus his 17 days accrued holiday pay. You couldn't make it up.
He is a bad egg no doubt, and makes a mockery of those who actually do suffer from depression. We will take steps to avoid him doing this to anyone else but just glad to be rid of him.

He will no doubt argue that the stress / depression was a result of the working conditions and the way he was treated by your business. He has medical evidence to support the fact that he was ill although, contrary to what he may think, it is unlikely to be evidence of why he was ill.

He will also presumably argue that working in a less stressful environment was therapeutic and suggested by his doctor!

Now, I am not saying any of that is true but there are two sides to every story.

Stylehutz

FionaSheila16 wrote: »

What i've learned from this whole experience is that employees rights hugely outweigh employers right.

Remind me now is it 2 or 3 years work that you can get out of your employees knowing that you can dismiss them on the spot and they will just have to take it?

silverwhistle

That is irrelevant to this case, and the fact that you are asking the question shows that you have come here with a specific agenda and have not read the replies thoroughly.

Sangie595 has been particularly helpful, and has pointed out that it is not fair on genuinely ill people when others take the puss, as it engenders fixed attitudes on the part of employers who seek to protect themselves from future such incidents. You, on the other hand, have the fixed attitude that all employers are in the wrong. Just out of interest, what is your employer like?

From what the OP has written they have behaved admirably all along and got professional advice. Their employee has been working elsewhere and claiming sick benefit, but beyond that has failed to communicate with the employer. You must be incredibly naive or blinkered to think that that is acceptable, and it would be interesting to hear what you think the employer should have done differently.

System

silverwhistle wrote: »

Their employee has been working elsewhere and claiming sick benefit,

And as I posted, that is perfectly legal to do and there is nothing wrong with it, something which you seem to want to ignore. The government page on SSP I linked to specifically mentions it is possible to do that.

You must be incredibly naive or blinkered to think that that is acceptable

HM Govt, the people who make the rules on SSP, seem to think that it is.

System

FionaSheila16 wrote: »

His illness by the way is depression / stress.
His roles in the cafe included food and beverage preparation and money taking at the till. We have a copy of an email sent to the employer of his 2nd job saying he is "super eager to work", and that he's "available for any other events over the summer months". News to us!!!! The role in this 2nd job was food and beverage server at a music festival. So very similar to his work with us.

Not very similar at all. Yours was set hours in a fixed location doing the same thing in the same place day in, day out. This other job was at a music festival in an outdoor location with different varying hours and a completely different atmosphere, it being a fun event that people attended for recreation. Other than preparation of food and beverages it was significantly different and I could see quite clearly how someone with depression could find working in that scenario possible compared to working at your cafe due to the completely different atmosphere.

[Deleted User]

FionaSheila16 wrote: »

will be paid til Friday plus his 17 days accrued holiday pay. You couldn't make it up.

And just how does someone accrue this much holiday. ?

I thought my 13 or so days due were bad from 6 months of full on full time service with a year's prepared rosta stuffed under the face to make anyone feel guilty about booking time off. I can see why people might be forced into other choices. Unable to take a day's holiday until, well, it was to late and under ensurance of last days were being had with the company.

I don't really understand someone taking such strong legal advice to be posting on a pretty public forum neither. Be careful as someone else has indicated always two sides.

silverwhistle

I think if you were to put forward your argument at a tribunal or in court or to HMRC you'd, let's put this politely, raise a few eyebrows and cause a titter from the less controlled junior staff.

You failed to read my post in its entirety or look at the situation in its entirety. Look again at the word I highlighted in bold.

Of course they enjoyed working cash in hand at a music festival while claiming sick pay, and ignoring the employer paying it, with not a care in the world...

Undervalued

Deleted%20User wrote: »

And just how does someone accrue this much holiday. ?

Quite easily.

He may have had quite a bit of holiday accrued before he went off sick, then will have accrued roughly one day's holiday for every two weeks sickness.