Can an Employer Penalise Me for a Backdated Fit Note?

Blackout_88

I am currently off work due to depression and job-related stress. My initial sick note was valid until 12th December 2024. On 9th December, I informed my GP in advance that I would need an extension from 13th December. However, my GP advised that they could only process the request once the current sick note expired, as they do not issue fit notes for future dates.

On 13th December, I formally submitted my request for an extension, and the GP surgery advised that the note would be ready within a week. I received the updated fit note today, 16th December, and it was backdated to cover the period from 13th December. I promptly forwarded this to my employer, but they have stated that the days from 13th to 15th December will be treated as unauthorised absences.

Given that the delay in receiving the fit note was due to the GP surgery's processes, which were beyond my control, I feel it is unfair to be penalised. Is there any legal basis for employers to penalise employees in such circumstances, particularly when the backdated fit note clearly certifies my continued unfitness to work?

Brie

can you prove to your employer that the note was requested on time but not issued promptly due to a delay at the surgery?  any reasonable employer would understand that a Dr will prioritise someone who is bleeding in front of them rather than someone who needs a note signed.  (based on the fact that you weren't in immediate danger at that point.)

Do you think that your employer is trying to make your situation worse so that you will quit?  Do you have a union you can talk to?  Or even an HR rep rather than your immediate manager (many of whom know very little about employment rights)

LightFlare

What conversation had you had with your employer regarding the date when your first fit note expired ?

Had you informed them that you would/wouldn’t be  returning to work the day after ?

You knew you weren’t returning to work - but did they

Emmia

Are you intending to return to your job? Since the reasons for your current absence are likely to remain unchanged.

Blackout_88

Thanks for all the replies. I kept my manager informed throughout. She knew that i had put in a request to my GP for a extension for sick leave. I also immediately informed her when GP surgery told me that can they cannot issue fit note for future dates so my request was void. I even sent her a screenshot of when i submitted new request on 13th. She was kept in the loop

Unfortunately, i will have to return to my job. I have no other choice. It's just i wanted my mental state to improve a little before going back as there isn't much tangible support 

My manager is a weird one. I think she's mad that i wont be there to support the team as she depends on me a lot. 

I don't know whether to escalate it to HR or what the next step would be? 

tizerbelle

Escalate it to HR. These should not be logged as unauthorised absence. It is a continuing absence. 

Savvy_Sue

tizerbelle said:

Escalate it to HR. These should not be logged as unauthorised absence. It is a continuing absence. 

I agree. It was very rare for us to have a new Fit Note the very same day that it was due to start during a longer absence, we'd just wait for it to arrive!

LightFlare

Agree - escalate to HR

Undervalued

Blackout_88 said:

I am currently off work due to depression and job-related stress. My initial sick note was valid until 12th December 2024. On 9th December, I informed my GP in advance that I would need an extension from 13th December. However, my GP advised that they could only process the request once the current sick note expired, as they do not issue fit notes for future dates.

On 13th December, I formally submitted my request for an extension, and the GP surgery advised that the note would be ready within a week. I received the updated fit note today, 16th December, and it was backdated to cover the period from 13th December. I promptly forwarded this to my employer, but they have stated that the days from 13th to 15th December will be treated as unauthorised absences.

Given that the delay in receiving the fit note was due to the GP surgery's processes, which were beyond my control, I feel it is unfair to be penalised. Is there any legal basis for employers to penalise employees in such circumstances, particularly when the backdated fit note clearly certifies my continued unfitness to work?

Certainly as far as any company sick pay is concerned,  (i.e over and above SSP) then yes they can although it does seem a bit on the harsh side. Company sick pay, if offered at all, is almost always discretionary and subject to any terms and conditions the company lays down. If that means no backdated doctor's certificates then that is how it is. Again, harsh but the reason for the backdated note is your problem not theirs.

As far as SSP is concerned (c. £100 per week which the company pay according to the government's rules), you might have a case but I am not up to date enough with the current SSP rules to say for certain.

I do wonder if the company, or maybe just one manager, is trying to send a bit of a message with this seemingly very pedantic approach?

chrisbur

Undervalued said:

Blackout_88 said:

I am currently off work due to depression and job-related stress. My initial sick note was valid until 12th December 2024. On 9th December, I informed my GP in advance that I would need an extension from 13th December. However, my GP advised that they could only process the request once the current sick note expired, as they do not issue fit notes for future dates.

On 13th December, I formally submitted my request for an extension, and the GP surgery advised that the note would be ready within a week. I received the updated fit note today, 16th December, and it was backdated to cover the period from 13th December. I promptly forwarded this to my employer, but they have stated that the days from 13th to 15th December will be treated as unauthorised absences.

Given that the delay in receiving the fit note was due to the GP surgery's processes, which were beyond my control, I feel it is unfair to be penalised. Is there any legal basis for employers to penalise employees in such circumstances, particularly when the backdated fit note clearly certifies my continued unfitness to work?

As far as SSP is concerned (c. £100 per week which the company pay according to the government's rules), you might have a case but I am not up to date enough with the current SSP rules to say for certain.

SSP must not be withheld because of a late fit note.  This also raises the possibility that if company sick pay is withheld (that will depend on the sick pay rules for company sick pay) the employer may not pay the correct SSP.
Provided the company pays an amount equal to or greater than the SSP that is due for each day of sickness to the employee then their SSP is considered to have been paid.  When an employee is off for say a week (Mon to Fri QWDs) for which SSP is due all week but company sick pay only for say Mon to Wed then only the SSP for Mon to Wed may be off-set against the company sick pay not the SSP for Thur/Fri which must be paid in addition to the company sick pay for Mon to Wed. 

kinger101

I'd assume HR are being informed by your line manager. And HR would liaise with your line manager.  But my assumptions are just that.

You've done the right thing by keeping them updated throughout, and it's helpful for both parties that you check in occasionally, even if it's a two minute phonecall.

In your line managers position, I'd want to ensure I'm complying with my moral and legal duty in respect of your mental health, and I would not be placing you under any duress to return before you're ready.

Yes, this may cause workload issues elsewhere, but part of a managers job is deciding how these are fixed.  By finding temporary resource or reprioritization.
 
It's worth copying in HR if you think your manager is acting out of line, but remember they are there to primarily  protect the company rather than the employee. This can extend to making sure line managers behave correctly.  But if you do have a union, it's worth contacting your rep.