Partner with IBS refused SSP

93darkknight

Hi, first time posting so hope this is the right section!

My partner works for a large company in the offices doing customer service and admin work.
She suffers from IBS and as anyone with any experience of the condition knows it can be very painful and have a huge impact upon one's life.

She passed her probation period at her work place several months ago so that's not an issue, however her employer hasn't been very understanding and despite my partner providing doctors AND hospital letters they have so far issued her what they call a 'Stage 2' (after receiving the initial 'Stage 1') due to absence. Given that my partner's condition can be triggered by stress they seem to have done their best to ensure her stress levels are increased by issuing these.

She was referred to occupational health and even their report states that IBS is a chronic condition, it's not something that simply gets better overnight and the report also states that it is essential she receives the emotional support to help deal with this condition.

During her 'Stage 2' meeting she covertly recorded this for her own piece of mind. During the meeting she was told that now she is on a 'Stage 2' that she will not be given SSP. I find this confusing as it seems to go against everything that I have read online which states that an employee is legally entitled to SSP so long as they:

-have started work with your employer
-are sick for 4 full days or more in a row (including non-working days)
-earn on average at least £116 per week (before tax)
-are not in one of the ineligible categories
-follow your employer’s rules for getting sick pay;
Your employer must tell you what to do when you’re off work sick, including:

when to tell them you’re sick
what information to give them about your illness

Can someone please clarify if they are allowed to do this? Also I don't believe she should've been issued the 'Stages' in the first place, thoughts?

Thanks in advance!

Comms69

As long as they're following policy the stages are fine. But she clearly is entitled to SSP. Now if she's used up her allocation that's a different story. BUT that seems unlikely. How long has she been off?

Undervalued

93darkknight wrote: »

Hi, first time posting so hope this is the right section!

My partner works for a large company in the offices doing customer service and admin work.
She suffers from IBS and as anyone with any experience of the condition knows it can be very painful and have a huge impact upon one's life.

She passed her probation period at her work place several months ago so that's not an issue, however her employer hasn't been very understanding and despite my partner providing doctors AND hospital letters they have so far issued her what they call a 'Stage 2' (after receiving the initial 'Stage 1') due to absence. Given that my partner's condition can be triggered by stress they seem to have done their best to ensure her stress levels are increased by issuing these.

She was referred to occupational health and even their report states that IBS is a chronic condition, it's not something that simply gets better overnight and the report also states that it is essential she receives the emotional support to help deal with this condition.

During her 'Stage 2' meeting she covertly recorded this for her own piece of mind. During the meeting she was told that now she is on a 'Stage 2' that she will not be given SSP. I find this confusing as it seems to go against everything that I have read online which states that an employee is legally entitled to SSP so long as they:

-have started work with your employer
-are sick for 4 full days or more in a row (including non-working days)
-earn on average at least £116 per week (before tax)
-are not in one of the ineligible categories
-follow your employer’s rules for getting sick pay;
Your employer must tell you what to do when you’re off work sick, including:

when to tell them you’re sick
what information to give them about your illness

Can someone please clarify if they are allowed to do this? Also I don't believe she should've been issued the 'Stages' in the first place, thoughts?

Thanks in advance!

How long has she worked there?

"Passing" probation is largely irrelevant for most employment law purposes although it may have given her some additional contractual benefits.

Does her condition amount to a disability (for employment law purposes) If so (probably unlikely) has the employer been made aware of this and reasonable adjustments requested?

Unless she has a disability and / or has been employed for more than two years her rights are fairly limited I'm afraid.

Regarding the failure to pay SSP (assuming she qualifies) them the employer must issue a statement of their reasons. Have they?

Can someone please clarify if they are allowed to do this? Also I don't believe she should've been issued the 'Stages' in the first place, thoughts?

That is down to their sickness policy and it is perfectly lawful to have a very tight one providing they go about it properly. So yes, I am afraid they most likely are "allowed to do this".

93darkknight

Are the stages really fine? Even with doctors notes and hospital letters? She definitely hasn't used up her allocation, she's had the odd day off and then a few days off here and there.

93darkknight

She's been there for nearly a year.

I believe IBS is classed as a disability under the equality act, no? She has been diagnosed with IBS and is on medication for it so it's definitely not just an upset stomach or self diagnosis online.

No her employer have not given any reasons. The guy on the recording of the meeting she had a few days ago literally just said that she wouldn't be paid SSP or any other form of sick pay if she has any further absences now that she is on a 'Stage 2'.

Surely there has to be a duty of care to your employees and increasing stress and anxiety by needlessly issuing these 'Stages' despite having doctors notes and an occupational health report which states she needs the appropriate emotional support are not forms of support at all but in fact contributing to the worsening of her condition.

[Deleted User]

No IBS is not automatically a disability. Only a judge can decide that because some people have a relatively mild form, like me, others suffer quite severely so both wouldn't be covered.

Comms69

93darkknight wrote: »

Are the stages really fine? Even with doctors notes and hospital letters? She definitely hasn't used up her allocation, she's had the odd day off and then a few days off here and there.

Yes sickness policy is designed to cover real sickness.

Undervalued

93darkknight wrote: »

Are the stages really fine? Even with doctors notes and hospital letters? She definitely hasn't used up her allocation, she's had the odd day off and then a few days off here and there.

Short answer - yes!

With less than two years employment she can be dismissed for no reason at all regardless of "doctors notes and hospital letters".

If her condition amounts to a disability then they must make reasonable adjustments. Those adjustments could, if appropriate, include some relaxation of their normal sickness policy. However even then the key words are reasonable adjustments, not a blank cheque by any means.

Going back to your original question regarding SSP. On the face of it they should be paying it and should certainly provide a statement of their reasons for refusal which she could challenge with HMRC. However how wise that would be would depend on being certain about the disability position and a judgement call on how the employer would react.

soolin

I have coeliac and IBS , my OH has IBS and one of my sons has Crohn's, none of them count as a disability.

As for a chronic illness that covers any illness, however mild that is unlikely to go away entirely. Even something like unnatural hair loss can be a chronic disease, it just means it isn't acute, that's all.

Also approx 1 in 5 people in the U.K. have IBS, about 1 in a 100 have coeliac disease, so it is likely that she is also working alongside other sufferers .

comeandgo

Does the company usually pay full pay for sick days off? Maybe they mean she will not get full pay when she is off sick now and as she seems to be taking odd days off then no ssp is due unless off for the full four days.

Me2you

Does she work full time?