Anxiety & Depression - Fraudulently claiming sick pay

DayDreamer2018

Hi, firstly let me apologise. I have read quite a few threads in here and understand that some of the questions may of already been answered, but I also know that each persons situation is different and may require differenlty constructed answers.

This is my 7th week on sick from work (Second sick note) and I have just received a letter stating that an investigation is being conducted into fraudulently claiming sick pay and using sickness absense to frustrate internal processes.

I currently suffer with anxiety and depression, I understand that so many people can easily use this as a scapegoat to get time off work, but believe me the way I feel is horrible and I wouldn’t wish this on anyone!

If I’m honest my condition started when my daughter was born disabled. It hit me like a tonne of bricks and I kinda fell into a awful part of my life. I eventually got my head out the sand and began to feel good again. My daughter has had to undergo a lot of Physio sessions, plastic surgeries, consultations... etc. I have used work holiday days to attend doc appointments and such in the past just so I didn’t take any additional days off work. Previously managers have been good in that sense and so I’ve returned the gesture.
Over the past couple of years managers and senior staff have recognised the work I’ve done, requesting progression plans for me, the works! I’ve taken work home with me, led teams, presented work to directors and was even promoted to a stand in staff role. Then due to demanning I had to return to my old position, but I was given a made up role because the manager knew I could do more. I done the work the manager and senior staff wanted me to whilst not being paid accordingly.
I have been given promises of false hope continuously, told that if I want to move on with my career I have to be seen to be doing all this work. Using and abusing me.

With my daughter things have started to get worse. Additional concerns have arisen. She is awake throughout the night in pain which has throughout the year made me late to work on a number of occasions triggering attendance and lateness procedures, which I fully understand. We have requested further help from the GP, OH, PT, and other doctors who have now put positive actions things into motion. Meanwhile when I’ve requested to take the day off work to take my daughter to hospital for PT & OH I was scrutinised as to why it was me who had to go and why couldn’t my wife get a taxi (she doesn’t drive). I had to speak to the supervisor first who carried messages back to me from the manager (who sat opposite me!) finally I was informed that I could take the day off unpaid as requested (The union put their nose in) That’s just one small example how over the past 2 years I’ve been made to feel so low about myself, now my anxiety has built up where I’m scared to ask for time off to look after my disabled daughter.

I’ve applied for over 30 internal vacancies in 2 years, I’ve had a handful of interviews, of which I’ve not been successful. I’ve requested feedback from these but have yet to hear back! One supervisor laughed at me when I physically asked him when I would be receiving feedback. Another role was given to a guy who I trained to do that role, which I previously stood in for!

There’s been another demanning at work and because my service is lowers than others around me I’ve had to move jobs regardless of my in house experience and skill set. Jane doe next to me has worked in the area for 5 mins with zero skill set yet gets to remain.

I have been moved to a job which I strongly believe has zero use for the skills and knowledge I have obtained, I have struggled on the job since being placed there.

My sleeping pattern became irregular and most nights not more than 2-3 hours.
My anxiety is through the roof constantly panicking about every situation, confrontation and the simplest of tasks.
I’ve sank in to a bad depression where I believe that I’m simply not good enough. As a father, as an employee and as a husband to my wife.
My GP initially signed me off work with stress but has now changed my diagnosis to anixety.
I have been to see the OH nurse at work twice now who has put into writing that I am unfit to work.
I have contacted IAPT who again have said the same and have put me on a waiting list.
Work in the meantime have arranged further OH and CBT meetings.

My first case management meeting went terribly wrong. I was on time waiting. I text and called the number of the manager who didn’t reply for over 40 mins - he said he didn’t have his phone on him. We had the meeting 45 mins later than intended.

Today I have received a letter stating work are in the process of conducting and investigation into fraudulently claiming sick payand using sickness absence to frustrate internal processes, to which I am horrified?! I’m scared and my anxiety is terrible.

Can anyone help advise what I should do?

Dox

You mention your union - contact them, as they are likely to be best placed to help in terms of procedure etc.

It sounds as if you mental health is the most pressing issue here, and that needs medical guidance. Well meaning words on this forum won't help, I'm afraid. I think it's one for your GP?

I do hope things will improve before too long.

Undervalued

DayDreamer2018 wrote: »

My GP initially signed me off work with stress but has now changed my diagnosis to anixety.
I have been to see the OH nurse at work twice now who has put into writing that I am unfit to work.
I have contacted IAPT who again have said the same and have put me on a waiting list.
Work in the meantime have arranged further OH and CBT meetings.

My first case management meeting went terribly wrong. I was on time waiting. I text and called the number of the manager who didn!!!8217;t reply for over 40 mins - he said he didn!!!8217;t have his phone on him. We had the meeting 45 mins later than intended.

Today I have received a letter stating work are in the process of conducting and investigation into fraudulently claiming sick payand using sickness absence to frustrate internal processes, to which I am horrified?! I!!!8217;m scared and my anxiety is terrible.

Well, on the face of it they are going to struggle to claim your absence is fraudulent, given that you have two professional medical opinions that you are unfit for work.

That said, it does not of course prevent them from taking action over alleged breaches of discipline. Being unfit for work, as you currently are, is not necessarily the same a being unfit to attend a pre arranged meeting. If your doctor considers you unfit for that too (which he may well) then it would be wise to get him to put that in writing. However that will at best only delay the process.

Obviously the longer you are absent the easier it becomes for them to take steps to terminate your employment on capability grounds. How long depends on their normal procedures and can vary wildly from one employer to another.

As has been suggested contact and get the support of your union ASAP. You are entitled to be represented by a union official at any formal disciplinary or capability meeting but not, technically, at an investigation.

The part about the manager being late for the meeting, whilst frustrating, is a red herring and I would try and avoid getting involved in side issues like that.

FBaby

I'm so sorry you are suffering like this. It sounds like you urgently need to get out of this company, whatever the outcome of this investigation, as you've said, your self-esteem is in shattered and is unlikely to recover there.

Re. the actual investigation, do you know what the accusation relate to? Are they claiming you are not really stressed/suffering from anxiety? Or does it relate to another time and they are claiming that you took time off sick when it was actually to look after your daughter? This would explain the 'frustrating internal processes', as in claiming for one entitlement when you should have requested another one 'carer absence', which however is likely to be unpaid?

Undervalued

FBaby wrote: »

I'm so sorry you are suffering like this. It sounds like you urgently need to get out of this company, whatever the outcome of this investigation, as you've said, your self-esteem is in shattered and is unlikely to recover there.

Re. the actual investigation, do you know what the accusation relate to? Are they claiming you are not really stressed/suffering from anxiety? Or does it relate to another time and they are claiming that you took time off sick when it was actually to look after your daughter? This would explain the 'frustrating internal processes', as in claiming for one entitlement when you should have requested another one 'carer absence', which however is likely to be unpaid?

That is a very good point. It is also important to understand that the legal right to 'carer absence' is far less than many people imagine. Some firms apply a generous interpretation but they don't have to. Briefly, the right is to "short" periods of unpaid absence to deal with "emergency" situations involving dependents. Both terms are undefined in law but are usually interpreted to mean time off to make arrangements but not to do the caring yourself (certainly not for more than a day or two maximum). You cannot go sick yourself for that purpose and must either take holiday, if your employer will allow it, or use your limited legal right to unpaid time off.

Finally, your employer is entitled to expect that any 'carer absences' are shared equally between you and your wife. Naturally there is a temptation with a couple for the lower paid person to take the unpaid leave which is obviously unfair on their employer.

DayDreamer2018

I have never took any sick leave to look after my daughter, I!!!8217;ve only ever used my holidays / unpaid leave to which I!!!8217;ve had to argue my case for every single time, bring in evidence of appointments and be scrutinised verbally.

My reasons for lateness was predominantly due to lack of sleep after caring for my daughter throughout the night (my wife is awake too), but I!!!8217;ve never had time off as a !!!8216;sickness!!!8217; to look after her.

During my time away from work I have been advised by both the GP and OH to do things that will keep my mind active, so I!!!8217;ve been helping my step father with his gardening work, unpaid of course. Mostly being out and about and helping pick up litter. Having someone to talk to about my mental health is helping. But now I!!!8217;m now feelining paranoid that I shouldn!!!8217;t of been doing that?

Brynsam

DayDreamer2018 wrote: »

Having someone to talk to about my mental health is helping. But now I'm now feelining paranoid that I shouldn't of been doing that?

Feeling that way reflects your current state of mental health. Absolutely nothing wrong with what you describe.

sangie595

I'm afraid that I agree that you need to get out of this employment- not an entirely helpful suggestion, since it's easier said than done, but I don't see this ending happily in the long run. Could you please clarify, what is the case management meeting that you mention? Is that about your absences / lateness? How many absences and/ or latenesses are we talking about?

DayDreamer2018

Sangie595,

I really think that I need to leave this employment too, but it!!!8217;s a scary prospect and I think this is something that my employer knows (big company, good pay). Can I leave the company at this point? Would I not just look like a guilty party which is what they are trying to make me look like

In the 7 weeks that I have been signed of by my GP, The supervisor did not inform me of the date and time OH would be calling me for a 60min phone call, so it was rearranged for a physical visit on site which I attended.

I was then asked to attend another visit regarding alcohol (to which I do not have an addiction but seen my intake rise considerably. I have since removed all alcohol from my life)

The following day I had to attend my first case management meeting to discuss my situation and how the company can help me return to work (which wasn!!!8217;t hardly discussed) all that was said was that they can help me as long as I help myself with following correct processes and attend appropriate meetings which I have.

I have attended a second OH physical visit, to which the nurse has stated on paper that she believe my mediciation will be in effect within 4-6 weeks and is unfit for work until then.

The workplace is now on holiday for 2 weeks but this morning I received 2 letters. One was for my next OH appointment, and the second was a letter stating they are starting an investigation into fraudulently claiming sick pay.

I!!!8217;m just so confused how they can even think that.

sangie595

Ok, that sounds very odd then. It would seem the investigation appears to have nothing to do with the foregoing. You really do need to speak to the union as soon as possible. But in the meantime, just a thought - what have you posted on social media? Because these days, when I hear a sentence like "being investigated over fraudulent sick pay" that's the first place I look!

Also, I didn't mean quit. I meant start looking for a new job.

FBaby

I have never took any sick leave to look after my daughter

I suspect it is what they think you've done though with your last sickness record considering you mention growing issues requesting time off to take her daughter to appointment. I expect they indeed intend to use whatever evidence they have that you're not really ill, and that you are using that sick leave to look after your daughter.

They don't have to prove this is the case but still would have to prove in court that they had enough evidence to have reached that conclusion, so would be interesting to know what 'evidence' they think they have.

It is time to start thinking of a mutual arrangement for you leaving the place. Yes it is very scary when you've been there for some time, but when you are out, you can look back and realise that stress was clouding your judgement and that it's not as bad as it looks now.