Hi,

I hope someone can advise me. I've been off sick for over 6 months and I'm still very unwell. My employer has taken compulsory sickness benefit from my pay from when I started employment (many years ago). I know I was paid for the 1st 3 months in full sick pay from when I went sick but was unaware (until recently) I also got sick pay at 50% thereafter for up to 5 years from when my sickness commenced. I was advised I was entitled to nothing after my initial 12 weeks sick pay finished (which left me confused) although why my employer were taking mandatory (50% 5 year sick/disability) was never clarified.

I feel my employer is forcing me to fill the forms unum have sent me (including confirmation from my GP to unum) since apparently they keep getting prompts from HR, unum etc. The impression given that this compulsory. If I recall correctly, this was optional as per the documents/ including phone call from unum personal - briefly skimmed through these many months ago so don't recollect if they need to be completed (mandatory). I was never advised my details were going to be passed on to unum until I received paper work out of the blue, which left me confused since up to that point I had never heard of them. Naturally, I don't want my employers to know my full condition other than what has been described by my GP on my sick notes. Is it mandatory for me to fill these forms in to continue to receive sick pay &/or fill them in?

As far as I'm aware they are there to possibly help me back to work etc but I did not think I was compelled to fill them in and give them.

Please advise.

Hello and welcome to CAG. I hope we can help you.

Sorry to sound pedantic, would you be able to tell us what your employment contract says about being paid if you're off sick please?

Is it 3 months on full pay and then the payout from the insurance policy after that please? I'm just wondering why they said you weren't entitled to anything after 3 months.

If it turns out that the only way you will be paid is by helping them to claim on the Unum policy, it might be worth considering filling in the form.

Your medical information should go direct to Unum's Chief Medical Officer and I would be very disappointed if they shared the details with your employer, as they're meant to be confidential. They would probably be breaking a regulation, but I can't bring a name to mind.

Please tell us a bit more and hopefully the guys will be along later to look at this too.

My best, HB

Dear HB,

Thank you for your reply - I am very grateful. I'll be honest I don't know what my contract says. I know I was entitled for the 12 weeks full as per my contract since I have been there for quite a few years. However, they were taking core disability cover from my pay from when I started, I believe it was 6 months full pay thereafter 50%, but this was changed to 50% for up to 5 years. I have never received any paper work explaining how this worked. I did quibble this to a line manager (I was aware of colleagues who were off sick for over a year and were getting sick pay through this cover although I did not ask further since I felt this would be invasive), line manager advised (after apparently consulting HR) I was entitled to nothing more than 12 weeks sick pay at full since I had no cover in place even though sickness/disability cover was being taken from my pay - this was compulsory since I am not in the pension scheme. I recently checked my xxx account (pay has to go in to this account as per employment contract) after many months and my payslips I am receiving and can see they have been paying at 50% salary re sick pay after my initial 12 weeks sick pay ended.

I have not sent any paper work back to unum. I am naturally private and can't not trust many personal at my employer with my personal details. I am reluctant although would be willing to fill the forms in to unum so long as no one from the employer sees them - but only if necessary.

Many of the problems I have had/have (although not restricted to) is due to my employer. I could go at length...my GP has even advised he'd be willing to write a letter to a tribunal re the problems (and the health affects) I have due to my employer. I must seek seek advice from my union representative asap.

Thank you for that, Addy. I'll stand back for a little while and let the employment guys answer for now.

I'll have a look for the regs covering medical records, in case it reassures you.

Have you got a Unum standard claim form please?

HB

Yes, seems like a standard form to fill in. Will look at it properly later.

Hello again. Here is a link about access to medical records by the Information Commissioner. I hope it's the up to date version.

Also note that you can ask to see the report from your GP before it is sent and you can ask to have amendments made, I believe.

http://www.legislation.gov.uk/ukpga/1988/28/contents

HB

Hi there. I think Unum are the insurance company that pay out your sickness benefit. They can't MAKE you fill the forms out, but you may find payment stops if you don't, as they will class it as not cooperating in your return to health, or avoiding giving information.

So you need to check the policy booklet very carefully for what it says, and either challenge, or make a decision to complete the form or not.

Guys, Thank you very much for your replies to date. I will phone them shortly (unum) and will contact my union. Should have done this a while back - but naturally we tend to avoid things that cause stress and upset.

OK, that sounds like a plan.

Please let us know how you get on and ask for more advice if you need it.

HB

I definitely will HB. Just now need to go through all my notes and paperwork; not looking forward to it at all. Will take some time - so that i'm will be well prepared re what I say etc.

I've been getting PHI from Unum for a while now, and on all the forms that I ever have to fill in, there's a bit about who at the employer you authorise Unum to share the information with. You (generic) can tick any, all, or none of the boxes.

The last form I had had the options of "HR" "Line Manager" and "Occupational Health". I tick HR and Occ Health, mainly because I'm not entirely sure *who* is my Line Manager these days (I've been off for two years!).

I personally think it's better to be entirely open with my employer - they're not the best in the world, and have done some stuff fringing on discriminatory (and they're a law firm!), but this way I (a) keep my PHI which is paying my bills (b) have a job to go back to when I'm well enough and © know that when I am ready to go back, and will need a (very) phased return, they'll be more likely to be open to this as I've been completely honest with them.

Batfink, Thank you very much for your advice. I'm quite sure I will do the same following your advice.

Addyv, are they paying SSP?

HB

Not as far as I'm aware. I don't work enough hours (apparently) to claim SSP. Have worked full time and part time (PT) depending on my circumstances; most recently PT.

Sorry for the delay to my thread. I am in a better position to get things sorted.

I'm in the same boat, thread:

http://www.consumeractiongroup.co.uk...-t-want-to-pay

Quote:

1. Yes i have logged a formal complaint with unum. Sent the same letter to fosicon but they are saying that because the policy is with RBSicon they will only deal with them.

2. Am getting in touch with Unum today to ask for a fomal rejection letter off them.

And yes i am going to keep on fighting.

How did you get this resolved. Ex employer have written a letter to inform them to deal with them following my request. I am going back and forth between my past employer and Unum. I have a complaint about Unum and their rejection of my claim. I was dismissed by the group, in part, due to Unum's decision. I keep getting told it's my ex employers policy and they will talk to them.

I have gone back to ex employer to request further that Unum are only to deal with me. The money was taken from my salary so hence my policy etc...Unum are saying ex employers policy etc...they don't wan to deal with me.

How did you get this sorted? Any tips. I need to go to the Ombudsman by I need to follow the process 1st as per what they have advised. In my opinion, Unum are being very evasive. Your advise and support will be greatly appreciated.

Many thanks

Hello again.

How long ago did you complain to Unum please? Normally, you can go to the ombudsman after 8 weeks if your complaint isn't resolved.

I think it could be your employer's policy, sadly, but will try to get more information about this. Does the paperwork you have mention anything about a group scheme?

It might be worth ringing the ombudsman's helpline to see what they say about the situation.

HB