Employment law help needed please

Gold_finch

Hi, 
I'm having to take some time off due to clinical depression. I've got a sick note until the 15th of march but I know that I will need at least another 4 weeks after that. 

I've been told that sick pay is 'at managers discretion' and I don't know what I am being paid and for how long. We have HR dept but they have echoed that it's at the managers discretion. 

Also my manager is calling me several times a week. I've told him I will call in on a Friday but he's still texting and phoning to see how I am. It's causing me a lot of stress, as well as not knowing what income I will have coming in. 

I'm wondering if there are any employment laws that can inform or protect me. Any advice about my rights or where to look would be really helpful, 

Thanks very much xx

moneysavinghero

You are entitled to Statutory Sick Pay, which is £95.85 per week. Your employer can pay you more if they wish but they cannot pay you less - does your contract say anything about this?

The next time your manager calls remind them that you are off work for depression and that constant checking up will only make the situation worse. If they keep contacting you and that causes more distress, your employer could be acting unreasonably and in serious cases, may be grounds for your claiming constructive dismissal.

TELLIT01

Assuming you have an e-mail address for your manager and HR, I would advise them that whilst you understand the need for them to keep in touch, being called almost every day is actually increasing your stress levels.  Request that they limit calls to just once a week at an agreed time.

Marcon

Gold_finch said:

Also my manager is calling me several times a week. I've told him I will call in on a Friday but he's still texting and phoning to see how I am. It's causing me a lot of stress, as well as not knowing what income I will have coming in. 

You're not feeling great, but this could be nothing more than your manager's failure to read your mind/work out what helps and what doesn't. They may be genuinely concerned for your welfare and (also genuinely) think that they are doing the 'right' thing by keeping in touch. You need to explain that you appreciate the concern but are finding the contact adds to your current mental health issues and would  be grateful if you could fix a time once a week for a quick word (or something along those lines). If the calls continue, let them go to voicemail.

The income issue is more difficult. You need to have a conversation (by text or e-mail if you can't face actually talking about it) with your manager to see if they are able to give your some reassurance.

Undervalued

Gold_finch said:

Hi, 
I'm having to take some time off due to clinical depression. I've got a sick note until the 15th of march but I know that I will need at least another 4 weeks after that. 

I've been told that sick pay is 'at managers discretion' and I don't know what I am being paid and for how long. We have HR dept but they have echoed that it's at the managers discretion. 

Also my manager is calling me several times a week. I've told him I will call in on a Friday but he's still texting and phoning to see how I am. It's causing me a lot of stress, as well as not knowing what income I will have coming in. 

I'm wondering if there are any employment laws that can inform or protect me. Any advice about my rights or where to look would be really helpful, 

Thanks very much xx

The vast majority of company sick pay schemes are "discretionary" these days. Legally their discretion is really quite wide as long as it is not "perverse".

I agree with others that it would be perfectly reasonable to ask them to refrain from contacting you more than say once a week. Hopefully they will agree but there isn't realistically a lot you can do about it if they don't.

This problem with this type of sickness absence is that it can easily become quite protracted and open ended. Obviously that causes the company issues, both it terms of sick pay (remember they have to meet the cost of SSP, not the government) and also in getting your work done by somebody else during your absence. So, irritating as it may be, they will obviously want as much information as possible about how you are progressing.

eastmidsaver

hi.
if you have home / contents insurance, you can normally take out legal cover ... do you have this?
if so, check to see if employment matters are covered.
and if so, most legal cover provide a number to get legal advice, so you could check and they might be able to give you helpful and accurate information.

alternatively - if you do not have legal cover,   try contacting citizen's advice bureau.... however they seem quite difficult to get hold of at the moment.  

theoretica

It would also be perfectly reasonable to ask you manager to confirm what is happening about sick pay as the uncertainty is adding to your stress.

Marcon

eastmidsaver said:

hi.
if you have home / contents insurance, you can normally take out legal cover ... do you have this?
if so, check to see if employment matters are covered.
and if so, most legal cover provide a number to get legal advice, so you could check and they might be able to give you helpful and accurate information.

alternatively - if you do not have legal cover,   try contacting citizen's advice bureau.... however they seem quite difficult to get hold of at the moment.  

There's help and accurate information on this thread!