SSP

Buzzard1985

Hi,

If a Dr says on a sick line fit to work and places recommendations such as reduced hours.  Do I still get SSP until the adjustments put in place?  I am covered by the Equality Act 2010 my consultant said.   However, there is no policy on waiting for adjustments to me made before returning to work.        I now admit doing 60 hours a week- wasn't best- well the family etc had to step in.
 Work has sent me to Occupational Health at my request- the consultant told me to get sent.  So was no questions- happened without question.

Is the employer suppose to pay me until they sort this.   GP said by waiting for the adjustment(s) on zero pay I have some room to make an argument.  GP is aware of employers stepping in to not have somebody like me at a disadvantage due to disability.   GP said to speak to Solicitor.CAB or if in a Trade Union. 

chrisbur

Buzzard1985 said:

Hi,

If a Dr says on a sick line fit to work and places recommendations such as reduced hours.  Do I still get SSP until the adjustments put in place?  I am covered by the Equality Act 2010 my consultant said.   However, there is no policy on waiting for adjustments to me made before returning to work.        I now admit doing 60 hours a week- wasn't best- well the family etc had to step in.
 Work has sent me to Occupational Health at my request- the consultant told me to get sent.  So was no questions- happened without question.

Is the employer suppose to pay me until they sort this.   GP said by waiting for the adjustment(s) on zero pay I have some room to make an argument.  GP is aware of employers stepping in to not have somebody like me at a disadvantage due to disability.   GP said to speak to Solicitor.CAB or if in a Trade Union. 

From the HMRC guidance at....

https://www.gov.uk/guidance/statutory-sick-pay-employee-fitness-to-work
I have put the important bit in bold.

"  Doctor’s fit note - statements on fitness for work

Fit notes allow doctors to advise if the patient:

• is not fit for work
• may be fit for work

This gives employers greater flexibility in managing sickness absence. A doctor may provide additional information which will help employers consider basic adjustments which can be made to help someone to return to work.

These are options for you and your employee to discuss and agree. Accept the current fit note as evidence that your employee is unfit for work, if no changes are made."

If the employer cannot make the changes recommended by a doctor then they must treat the fit note as advice the employee is unfit for work and continue paying SSP.

If reduced hours are eventually agreed it is as well to be aware that these days you work reduced hours will not have any SSP due for them however short the hours worked may be.  Also if you agree to work some days but not others as a phased return to work you will only qualify for SSP on the unworked days if they fit the SSP qualifying rules.  So the unworked days must link with the last SSP days ie 8 weeks or less separate them, and must be four consecutive days of sickness ( these four days can be any days including non-working days but ssp would only be paid for days normally worked)

So for example if you worked normally Mon to Fri and as a phased return worked  Mon Wed Fri there are no four days off for a PIW so no SSP due. If you worked say Mon Tue Wed then you have a PIW of Thur Fri Sat Sun four consecutive days for which Thurs and Fri would qualify for two days of SSP

Buzzard1985

chrisbur said:

Buzzard1985 said:

Hi,

If a Dr says on a sick line fit to work and places recommendations such as reduced hours.  Do I still get SSP until the adjustments put in place?  I am covered by the Equality Act 2010 my consultant said.   However, there is no policy on waiting for adjustments to me made before returning to work.        I now admit doing 60 hours a week- wasn't best- well the family etc had to step in.
 Work has sent me to Occupational Health at my request- the consultant told me to get sent.  So was no questions- happened without question.

Is the employer suppose to pay me until they sort this.   GP said by waiting for the adjustment(s) on zero pay I have some room to make an argument.  GP is aware of employers stepping in to not have somebody like me at a disadvantage due to disability.   GP said to speak to Solicitor.CAB or if in a Trade Union. 

From the HMRC guidance at....

https://www.gov.uk/guidance/statutory-sick-pay-employee-fitness-to-work
I have put the important bit in bold.

"  Doctor’s fit note - statements on fitness for work

Fit notes allow doctors to advise if the patient:

• is not fit for work
• may be fit for work

This gives employers greater flexibility in managing sickness absence. A doctor may provide additional information which will help employers consider basic adjustments which can be made to help someone to return to work.

These are options for you and your employee to discuss and agree. Accept the current fit note as evidence that your employee is unfit for work, if no changes are made."

If the employer cannot make the changes recommended by a doctor then they must treat the fit note as advice the employee is unfit for work and continue paying SSP.

If reduced hours are eventually agreed it is as well to be aware that these days you work reduced hours will not have any SSP due for them however short the hours worked may be.  Also if you agree to work some days but not others as a phased return to work you will only qualify for SSP on the unworked days if they fit the SSP qualifying rules.  So the unworked days must link with the last SSP days ie 8 weeks or less separate them, and must be four consecutive days of sickness ( these four days can be any days including non-working days but ssp would only be paid for days normally worked)

So for example if you worked normally Mon to Fri and as a phased return worked  Mon Wed Fri there are no four days off for a PIW so no SSP due. If you worked say Mon Tue Wed then you have a PIW of Thur Fri Sat Sun four consecutive days for which Thurs and Fri would qualify for two days of SSP

I don't get how I go to work when I am waiting for occ health. Just don't understand this.   

chrisbur

Buzzard1985 said:

chrisbur said:

Buzzard1985 said:

Hi,

If a Dr says on a sick line fit to work and places recommendations such as reduced hours.  Do I still get SSP until the adjustments put in place?  I am covered by the Equality Act 2010 my consultant said.   However, there is no policy on waiting for adjustments to me made before returning to work.        I now admit doing 60 hours a week- wasn't best- well the family etc had to step in.
 Work has sent me to Occupational Health at my request- the consultant told me to get sent.  So was no questions- happened without question.

Is the employer suppose to pay me until they sort this.   GP said by waiting for the adjustment(s) on zero pay I have some room to make an argument.  GP is aware of employers stepping in to not have somebody like me at a disadvantage due to disability.   GP said to speak to Solicitor.CAB or if in a Trade Union. 

From the HMRC guidance at....

https://www.gov.uk/guidance/statutory-sick-pay-employee-fitness-to-work
I have put the important bit in bold.

"  Doctor’s fit note - statements on fitness for work

Fit notes allow doctors to advise if the patient:

• is not fit for work
• may be fit for work

This gives employers greater flexibility in managing sickness absence. A doctor may provide additional information which will help employers consider basic adjustments which can be made to help someone to return to work.

These are options for you and your employee to discuss and agree. Accept the current fit note as evidence that your employee is unfit for work, if no changes are made."

If the employer cannot make the changes recommended by a doctor then they must treat the fit note as advice the employee is unfit for work and continue paying SSP.

If reduced hours are eventually agreed it is as well to be aware that these days you work reduced hours will not have any SSP due for them however short the hours worked may be.  Also if you agree to work some days but not others as a phased return to work you will only qualify for SSP on the unworked days if they fit the SSP qualifying rules.  So the unworked days must link with the last SSP days ie 8 weeks or less separate them, and must be four consecutive days of sickness ( these four days can be any days including non-working days but ssp would only be paid for days normally worked)

So for example if you worked normally Mon to Fri and as a phased return worked  Mon Wed Fri there are no four days off for a PIW so no SSP due. If you worked say Mon Tue Wed then you have a PIW of Thur Fri Sat Sun four consecutive days for which Thurs and Fri would qualify for two days of SSP

I don't get how I go to work when I am waiting for occ health. Just don't understand this.   

Has your DR given you a fit note suggesting reduced hours or something else to assist a return to work; if not you are off sick and entitled to SSP unless you have run out.

Buzzard1985

Fit note-  Refer to Occ health- was done anyway.      Reduced hours.   Adjustment to the sick policy as my consultant read it and said my illness- this places you at a disadvantage.    It's not the first time he has seen policies that need to be adjusted.     A suggestion of support/Cllr worker.  

DustyBlues

If you work for the Public Sector there may be provision for some form of paid special leave while awaiting 'reasonable adjustments' if you are covered by the Equality Act.

Buzzard1985

DustyBlues said:

If you work for the Public Sector there may be provision for some form of paid special leave while awaiting 'reasonable adjustments' if you are covered by the Equality Act.

I am covered by that- there is no doubt the consultant said and GP agrees.   But as the Dr said sitting awaiting to be seen by occ health I am on basic SSP- parked through no fault of my own.  But unsure how I say I think this is unfair- 

KxMx

If you are not at work and have a Fit note then yes SSP is correct while you are waiting for Occupational Health unless your employer has a different internal policy. 

I'm sure those advised to shield thought SSP unfair too but doesn't stop it being correct. 

FYI you are covered by the Equality Act and as such have the right to ask for reasonable adjustments but the employer does not have to agree if they feel the business cannot accommodate them.

I know a lady desperate to go from ft to pt and is covered under the Act but employer said no, I need ft employees for my business which is their right.
This lady took advice from DAB and union basically employee can ask but employer can refuse.

Buzzard1985

Which case the go-to Employment Tribunal if the union thinks they are fair what's being asked.  union has legal that can look and decide objectively for/against or alter.   Seems employers like trying to drag out the issue to miss the 3-month deadline.

Robbie64

You mention working 60 hour weeks but

1. what are your contracted hours (and days)

2. what hours (and days) are you wanting the employer to agree that you do?

3. what pay are you looking for your employer to make up?

Spoonie_Turtle

KxMx said:

I know a lady desperate to go from ft to pt and is covered under the Act but employer said no, I need ft employees for my business which is their right.
This lady took advice from DAB and union basically employee can ask but employer can refuse.

Not entirely related to OP's question but goodness me, I hope her employers grow prize-winning roses with that first-class fertiliser.  Unless it is a very specialised job it really is not unreasonable for them to employ someone else part-time for a job-share.  They need people there full-time, fine, but that can most likely be achieved with two part-timers.  Employers who actually care about making jobs accessible and inclusive will make any feasible adjustments to do so.  (Sadly such employers are still very much in the minority.)