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  1. Hello all. Excuse me if this is a really silly query but I have been chatting to someone at work who told me this might not be allowed so am asking here in case I need to take it further. My employer has a sickness policy where sickness is counted in a 12 month rolling period. However, is it allowed to count 1 time of sickness twice? My employer states 3 absences (or a total fo 60 hours) triggers a "stage". This happened to me, I was off for 3 different times with sickness, the last date being 06/02/2017 - this triggered a "stage 1". Then I was off sick in September and again in December 2017. My sickness in December then triggered a "stage 2", this is because my sickness in Feb 2017 was being counted against me again. Is it allowed that they can count 1 period of sickness against me twice? punish me twice? know the policy is a 12 month rolling period but I've been told that it doesn't sound right that the 1 period of sickness I had in Feb 2017 has caused a trigger twice. Just want to put the feelers out there to see if this policy is fine or if I can take it further at all because the stage 2 I am on has cost me a promotion and an end of year bonus. If this is fine I will gladly accept it as it is what it is.
  2. I work for a large national company and am facing a disciplinary due to absence. The company policy is if you are off 3 times or more or off for 3% or more of your total work days in a 12 month rolling period it triggers a disciplinary. I have been off on three separate occasions and a total of 20 days which equates to 9.85% of my total days. On each occasion I have gone through the correct reporting procedure and obtained the relevant doctors certificates where necessary. I have been informed this morning that I will be invited to attend a disciplinary hearing and it could result in a formal warning. I've no idea if this is allowed so I'm hoping someone more knowledgeable than me can give me advice. Thanks in advance for any replies.
  3. Writing on behalf of partner Employment Start date Jan 2016 At time of employment a disability was disclosed at the screening process and a full assessment was carried out by the DWP access to work team who advised a footrest and cushioned adjustable chair for the sciatica. The employer employed on this basics. A year into the employment no support or help has been provided by the employer and to date no specialist chair or footrest have been supplied. The employer is a national company and the working environment is high paced, at times when the employee has been in pain at his work station he has taken unauthorised breaks to strict and his adherence to schedule has been questioned. The sciatica is nerve related and when bad can cause sever migraines. Due to lack of support there has been sickness when the sciatica has flared up or a sever migraine has been present, if the employer supported offline work when at work with a headache so the employee was not constantly starting at a VDU (visual display unit) monitor this would help however the employer has declined this. Furthermore the employer has failed to support a flexible payback scheme which other employees have had approved. Would the equality act 2010 be applicable considering the disability has been disclosed from onset and the employer has failed to provide the items suggested by DWP access to work team?
  4. This is questionable, Some work coaches are saying the above whilst others claim they can use their own discretion , really that isn't what the DWP's official guidance says about EPS As someone who is very sceptical of the establishment & DWP Sounds like someone was in la la land or stoned maybe, or is there something more sinister at foot , why do this , to cause confusion for fun ? or are they testing the waters, to see how much opposition they meet, before they scrap eps , ? https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/470857/v4am47.pdf
  5. Hi, I am currently on ESA Support Group and also have an award for DLA which doesn't technically need to be renewed until over five years from now. I have the right to buy and could buy my current home for about 35k. I have some savings and may also be able to borrow some money from relatives to add to my deposit. I cannot find a single lender that's willing to lend me any money toward this on a secured basis whatsoever. Iroonically they all seem to be falling over themselves to lend me money on credit cards on an unsecured basis but not enough to buy the property. It seems to me they're basing this refusal to lend on their 'affordability criteria', ie- that this lending is un-affordable because I'm not in receipt of any income from paid employment. I find this utterly laughable because at current rates the mortgage would cost about £100/month and could be fixed for between five and ten years.... Also that the mortgage interest would be paid by the DWP under SMI anyway. I suspect this is indirect discrimination, in that they are applying this rule to all applicants and it's indirectly discriminating against disabled people who are much less likely to have income from work owing to the disabilities that they have. I just wondered if anyone here could indicate as to the likelihood of this being deemed indirect discrimination under the Equality Act if it were taken to court and any recent judgements that may be relevant, case law etc?
  6. I am mightily confused. I have been signing on for 12 months, at the start of my claim I signed a claimant commitment stating I will do X number of steps each week to find work, IE look in papers, ask family and friends, use UJM etc. I completed my job search online and always filled in my activity history on UJM, ensuring I recorded X number of steps as required in my claimant commitment. Part way through the year I was told not to use UJM instead I was given a paper template to fill that stated I must do 35 hours job search per week, this had a section to fill stating the time each task took. Some time later I was issued with a pie chart diagram which showed different activities I could include in my 35 hour job search. Now I have been given another paper template form which states I have to apply for and record 10 vacancies jobs per week. What the heck as happened to my claimant commitment, no where in that did I agree to a 35 hour week job search nor did it state when I signed it that it was a requirement. Secondly, I would never agree to applying for X amount of vacancies per week , what if the only suitable vacancies are ones I have already applied for. And now they have just reissued me a new claimant commitment to sign which is basically same as my old one except they have added “ engage with the work program” Can they enforce this 10 job application rule and what is in place to prevent me from just jotting down bogus applications. Obviously I am fulfilling my claimant commitment still but as there is no actual way to record that activity any more am I even obligated to carry it out. From what I can gather the 35 hour per week is only a suggestion and not enforceable as long as client shows they have took reasonable steps they cannot be sanctioned but I cannot find any info at all regarding the 10 vacancies per week.
  7. http://voxpoliticalonline.com/2016/05/11/the-tories-lied-more-cuts-to-sickness-and-disability-benefits-are-on-the-way/ Dear god, how much more can we take....
  8. Hi, hope somebody can help advise me. I am with employer for less than one year. I had a number of personal issues that were affecting my ability to do my job efficiently and my employer kept extending my probation period. I don't think I was able to turn my performance around before my third (and I was told, final) probationary meeting which was to be in early Jan 16. I went sick after new year and haven't been back to work since - actually, I did do a couple of weeks late Jan but didn't do much as was suffering from flu and so went sick again after. I've now got a sick note/unfit to work note until mid March due to work related stress but my firm is no longer paying me a salary as it's partner discretion and they don't want to pay me. I knew this was a possibility but they didn't give me any notice or a deadline to go back to work and so now I have no money. They stopped paying me on 1 Feb but I only found out on 25 Feb. Does this mean I am sacked? HR keep banging on about sending me to OH but I don't see the point. I don't see how I can remain with them with no salary. If I go back they will send me to OH and sack me anyway. I haven't put in a claim to DWP yet but I know I must do something urgently. I feel very bad about how I've treated my firm, but I also feel angry at how they treated me which led to all this happening in the first place - expecting me to do hours of work at home on top of my weekly hours. I have family commitments and just didn't have the capacity to do this and the pressure all got the better of me. I desperately need some advice here as I've never been in this situation before. I still have all their equipment, laptop etc, and files and unfinished work which they have told me not to do. I might lose my home over this as I cannot pay my rent. Help! thank you
  9. Anybody printed out and used the PDF version of the JSA28 form (the one that originated from a FOI request I believe) to inform the DWP of a period of sickness whilst on JSA? Reason I ask is that the form has a place for an office stamp etc., and I don't want them refusing to accept it on some technicality! Also, does anybody know what the actual procedure is regarding these forms? If I'm sick on my signing day, will I still receive payment on my usual day as long as they accept and have processed this form in time? Will it have any impact on when my next signing date is?
  10. Step son now staying with us had to have mental health team intervention about 12 weeks ago claims to have had benefit forms filled in by MIND who he was referred to, and which he posted himself, had no acknowledgement of claim or anything from dwp. I unfortunately don't believe him ( I hope im wrong) but going on his past ie. going to job centre and refusing to go on courses hence no JSA. My question basically is do the DWP acknowledge claims and does it normally take this long for a claim to be considered when a "fitness to work" note is provided. Ive read a lot of the posts this am but not been able to find one which covers this guidance and help would be appreciated.
  11. http://www.bbc.co.uk/news/uk-33347511 WTF?? Does that even make sense? Now there's me thinking It's actually about being too ill to work. Oh great. Looks like they're repeating this news as a precursor to next weeks budget, god help us all.
  12. Hi guys looking for some advice. My wife has works for a large UK supermarket and has worked there for 26 years. She was off for a day last week, with a sickness bug. She received a letter yesterday inviting her to attend a "disciplinary meeting" to discuss her absence as she has been off 3 times in the past 9 months. On one of these occasions she was admitted to hospital for 3 days My understanding is that the meeting should only be an informal meeting to establish the facts and if appropriate then arrange a disciplinary meeting She is taking along a colleague to the meeting , but should this be a "disciplinary meeting". When she has been off from work she has advised her work before her shift and has received the relevant return to work interviews
  13. Hi, I have been signed off work with anxiety and depression for a month. My manager keeps calling and asking me how I'm feeling. He now wants to meet with me to discuss my sickness. I find it very difficult to talk about my problems and have a feeling he just wants me back to work as soon as possible. I do not feel ready to go back to work yet and my doctor has advised me to take some time to get better hence why he signed me off for a month. My question is, can my manager force me to come back to work before the end of my sick note ? Will it look bad if I say I'd rather not come back to work until the end of my sick note?. Also when discussing my illness, can I just say I don't want to talk about it or do I have to have a through discussion?. I am a very private person and don't feel comfortable talking about my life with people, especially work. I have not had a sick day for the last 5 years and am just so worried. Any advice would be very well appreciated, thank you. Liyanne
  14. Hi all, Well running out of options as I've been off work for 18 months and no sign of NHS completing treatment anytime soon. Reading the CAG, I've found I'm accruing holiday pay. I've not been told of this or approached by anyone, so I didn't really know till now.....18 months on. Can I claim the holiday as a payment? Have I lost the previous years entitlement? I'm seriously running low on funds and I'm looking at swapping the mortgage over to an interest only its that bad. Along with the prospect of being left unemployed, Im really at my wits end.
  15. After some help if anyone can. My work colleague and friend hurt her shoulder in January and had 4 weeks off sick, she consulted her doctor, who signed her off for this period. On return to work she came back on reduced hours and light duties for several weeks. Eventually, she went back to her job on normal hours and duties. However, it quickly caused pain to her shoulder again, after seeing her doctor again, she was treated with a steriod injection, where she had to take a few days off work on the advise of her doctor. She returned to work, and several weeks later was back in the same situation with her shoulder, and had the same steriod injection and 3rd occassion of absence, as advised by doctor. When she returned to work, she had the usual back to work interview, where she was informed that Occupational Health would be come involved. She later in that week, received a phone call from OH, who assessed her problem with her shoulder over the phone and came back with a list of light duties for her to do until she saw the consultant at the hospital. ( she was referred in Jan, when the injury first happened). However, these light duties were not followed and she was put on normal duties, and has since ended up off sick for 4 weeks, due to the pain in caused her. Today, shes returned to work, shes been told that light duties will be followed, however, they are now taking her through the disciplinary process. We work for a huge week known company and have a union, who she is going to contact when she gets home. Just wondering if anyone has any thoughts on this, or any advise or support that I can pass on?? Many thanks for any help given.
  16. Hi, I'm on JSA and currently attending the Work Programme at Ingeus. My question is about my JSA Agreement, I looked through the site yesterday and the replies to a similar question just confused me as there were so many different answers. My JSA Agreement states I have to apply for 2 jobs per week. Yesterday my Advisor at the WP told me I had to apply for 8 jobs per week (3 more per week than I have currently been applying for - I was told to apply for 5 per week when joining the WP). As I live in one of the areas of the highest unemployment in the UK; applying for 8 jobs per week is pretty much mission impossible. I was struggling to apply for 5 per week. I was also told to set my sites lower and apply for entry level jobs! My questions are: is my JSA Agreement still in effect?- I read conflicting advice about this when looking for an answer yesterday. I can't remember if I signed an agreement with the WP Provider but I must have done. Can the Advisor I'm dealing with (who seems to be a right a/hole) get my JSA sanctioned if I'm unable to apply for 8 jobs per week? I will appreciate any replies/advice given. Thanks
  17. Hi all, I'd be grateful for a little advice on the problem I've had at work recently. I injured my wrist in a football match in March, but carried on working for six weeks until the injury got worse and I eventually had to go to a doctor. I was signed off completely for two weeks and given a wrist splint to wear. A few days later I was due to appear in a Cup final for my football team, so I asked the doctor and he said I would be ok to play as long as I wore the splint. My employer has a policy of four weeks full pay when signed off by a doctor - at the employers discretion. I was told by HR I would receive full pay while I was off. I was signed off on the Friday, and played football on the Monday (about 20 mins as a substitute). The following Thursday I received a letter, along with photos from my facebook page and a match report, stating that I would not be paid sick pay as my actions were deemed 'irresponsible and likely to impinge on my return to work'. The letter said they would only pay SSP or suggested I could get my doctor to change the note to light duties and return on full pay performing light duties. I wanted to take the two weeks off as the repetitive nature of my work in a warehouse would cause problems to my wrist, but as they refused sick pay, and I can't afford to live on SSP, I suggested a compromise that I take the two weeks as holiday before returning on light duties, to which they agreed. In the first two days that I was signed off, my manager had viewed my linkedin profile, and I had messages from two friends at work to say they had overheard him discussing my personal circumstances with other members of staff both in the warehouse and office. He had obviously also printed photos from my facebook page and the match report which were posted to me. During the two weeks I was off I saw a consultant at hospital and was diagnosed with a problem with my tendons and am awaiting an MRI scan to assess whether I will need surgery. On my return to work I handed in a sick note from the hospital which put me on light duties for six weeks while we wait for the scan appointment. I have been asked to undertake telephonist duties in the office. The same day my manager viewed my linkedin profile again. (I work as a freelance writer in my spare time, so I assume he was trying to find something incriminating against me). I have been typing one-handed as I can't use my left hand. Neither my manager nor the director who signed off the letter have spoken to me since I returned (four weeks ago), and last week I decided to hand in my notice, as I feel that it will be very difficult to return to work in the warehouse. I don't really know where I stand here. I can understand the company's issue with me playing football, but I did explain in an email exchange that I took my doctors advice, so I don't think my actions were irresponsible. A friend who is in HR (different company) said she thought they should have called me in for a meeting to discuss or held an investigation to establish the facts, rather than just sending me a letter removing my sickness benefit. Just to put this in perspective - a colleague broke his wrist last year and was given a full month's sick pay. He plays lead guitar in a band and freely admitted to 'drinking his way through the pain' to perform at gigs while on sick pay. Our manager also happens to be his brother-in-law and band manager! So I feel it is a little hypocritical to get hung up on me playing 20 minutes of football, although I would accept two wrongs don't make a right. Sorry to ramble on so much, but any thoughts would be appreciated, thanks in advance...
  18. Hi I hope someone can offer some advise regarding the problems my husband is having with his employers at the moment. He was signed off work by the Doc on 2nd April this year due to having Plantar Fasciitis, which my husband is claiming was caused through the many miles he has to walk on a daily basis (upto 18 a day), sometimes this had to be done in motorbike boots when he was out on the bike. He returned to work last Friday - 30th May - on a phased return whereby he's only working half days for the next couple of weeks. Now for the problem...... He was fully aware that the first 3 days of sick leave is unpaid, so the pay for April was no surprise when it was less than usual. When he received his pay for May he found that was also short three days, he'd been paid exactly the same amount as for the Month of April. As he was expecting a full months pay he was rather shocked. He's questioned his manager, who by the way does anything she can to avoid answering his queries, and it turns out his sick pay entitlement is only 30 days according to his contract (he wasn't aware or made aware of this). This still doesn't add up though for deducting money from his May pay as working back to the third day from when he went sick, which would have been from week commencing 7th April (remembering the first three days were unpaid) and going by the pay month of the 16th to 15th, he has had the total of 21 days sick up to the 15th of May so still well within his sick pay limit. Upon returning to work he look at his Bradford factor and his manager has him down for a total of 56 days sick from 3rd April to 29th May, so basically she has just counted every single day of that time scale as a sick day! His hours of work consist of 5 days out of 7 with Sunday as off and an additional rest day. He isn't contracted to work Bank Holidays as these are used towards his holiday entitlement. We have worked out his total sick days to be 35. Now here comes the problem..... Why didn't she inform him that his entitlement to sick pay was nearing an end? Was it her duty to do so? He has been asking since last Friday if his phased return to work will only be half pay, she only got back to him today to inform him it is and he can't come back full time unless his doc says so. The injury to his foot was caused through excessive walking and having to walk in Biker boots whilst doing his job so he is claiming this is a work related injury for which his company should be paying him in full for however long it takes to heal, the manager and her boss have dismissed this claim out of hand and have refused to give him a number of someone he can speak to in HR to discuss this further, surely he's entitled to speak to HR if desired? As for his pay and number of days she has worked out that he was sick to be looked into, well he's asked her by email and verbally now a number of times since last Friday and she still hasn't got back to him, apparently she's still looking into it. He asked for a number for HR again regarding this matter and again he was refused. Surely something is going very wrong here? Any advice would be very much appreciated as this is going to cripple us financially as my husband is the only bread winner due to me being a carer for our 2 Autistic sons. Many thanks if you got this far and any help you can offer Lisa
  19. Hi, Been trying to google an answer to this but with no luck The Organisation i work for recently advertised for staff to apply for promotion , they are quite strict about attendance (understandably) and it always used to be the case that if you had more than 4 periods of absence in the 2 years prior to applying for promotion - it automatically barred you from applying . I had been told (but am unable to find anything in writing) that an employer can no longer hold sickness against you when applying for promotion ? But if you applied for a new position and were shortlisted , if it came down to Mr A and Mr B and one had 0 absence , and the other had 5 days off sick , then Mr A would get preference . I have been told by a manager although they can no longer use sickness to stop someone getting promoted then now use the term "reliability" ?
  20. Hi, Last week, I was diagnosed with a serious medical condition which is affecting my brain and ability to walk, it also causes severe pain which comes and goes. I am currently awaiting further tests. The doctor signed me off until Friday 21st March 2014 seeing as I had annual leave booked this week anyway and have had this booked for months. I haven't gone on holiday anywhere, just stayed at home to relax as much as possible and recover as much as I can before returning. Yesterday, my employer rang me to see how I was getting on and if I will be returning after my annual leave. I explained that the pain was still quite bad and the brain and mobility issues remain, and will remain until my condition is treated if it can be at all. I will be seeing my doctor today. My employer then said that if I am signed off after my annual leave, this will leave me "in a sticky situation" as it will go down as 2 periods of absence. I understand completely that this would be counted as 2 periods of absence, which I have no issues with. However, my employer said that if I am signed off again then the doctors letter must be dated from the 21/3/14 so it runs as one absence and my holidays will be cancelled and returned to me. I did not agree to this. The employers reason behind this is that they have a 2 absences and then it's a disciplinary procedure. I called ACAS right away and they said that the employer cannot cancel my annual leave unless I agree to it. They added that they can certainly not call me while I am on my annual leave to tell me that it will be cancelled, as the employer has to give notice of double the time of the leave to cancel it without my authorisation. ACAS have also said that my condition could be classed as a disability and, if they chose to invite me to a disciplinary, it could leave my employer with a few problems if they fail to take anything to do with my illness into account. This is leaving me worried sick. I am not ready to go back to work and I do not want to cancel the leave I have taken, nor do I want to be "invited" to a disciplinary procedure! What else can I do here?
  21. Hi I currently job share 4 hrs a day 5 days a week, my working partner is going to be off for a few month due to a knee operation. Problem is if im asked there is no way I can work full time, I have 3 kids and she is likely to still be off through the summer holidays, I have looked at my contract it doesn't even state I am job share or that I have to cover sick or holidays! Only that they can vary my hours not that they can make me work more and with reasonable notice from time to time.....so can they make me work full time to cover, as any time she had called in ill they have never asked me to cover which to me implies I dont have to cover, just want to know as its not in my contract can they force anything? Thanks
  22. Can any one help, I have worked for company for 6 years, the last 2 weeks it has become too stressful due to work load and losing my mum. I am on the sick and about to have counselling, could I get another job whilst on the sick and can this be used as my notice, I cannot go back to my job.
  23. On my last signing day, my knee locked before I was able to sign on, so I filled in a sickness form and this has been approved. I completed the date I will be well again to be the full 14 days as I wasn't sure how long my knee would take to feel strong again, I have a cartilage problem so once it locks once, it tends to do it again a few times before settling down. Now as I completed the date I will be well will be my next signing day - I completed sick from 3rd - 17th March My question is Do I have to go and sign on this day? Or do I miss it as technically I am still sick? Any advice welcome Thanks
  24. Hi Everyone, Apologies for jumping straight on here with a problem I am after some advice/guidance/help. Back Story (quick) I am an employee of COMPANY as a delivery driver (yes I do make sure someone is in before leaving a card). In January 2013 I fell and hurt my back whilst at home. I was in a lot of pain both in my back and sciatic pain in my leg. After several weeks off work I was referred to a specialist who arranged an MRI. The MRI took place in May 2013 and it was found that I had two disc bulges in my lower back, most probably caused by the nature of my work. I was then referred to the local Pain Clinic, who I eventually saw in August 2013 and I was booked in for caudal injections (pain relief), which I had in October. My Issue(s) In September, after seeing my GP, I was given a Fit for Work note stating that I could return on light sedentary duties as long as I didn't drive a commercial vehicle, lift heavy items and was able to move about when necessary. After so long off I was really hopeful of returning to work. However several problems arose: 1) COMPANY is part of SISTER COMPANY who use Atos Healthcare to judge employee's fitness to work. Due to this, my manager stated he would arrange an assessment with Atos to establish a return to work plan and would also attempt to find suitable work within the local area. 2) I chased this manager several times as no assessment was arranged and no suitable roles had been found (bear in mind a SISTER COMPANY sorting centre is nearby too). This manager then moved to another depot and I continued to chase other managers. Eventually I was contacted by Atos in November, 6 weeks after requesting to return to work. 3) The 'assessment' was a phone based assessment, hardly the best way to judge my capabilities, but I was later informed by a manager that the report from this assessment was not thorough enough to allow me back to work and another assessment would need to take place. 4) The follow up assessment was carried out in December, a further 4 weeks later, and within a few minutes the therapist doing the assessment stated the phone assessment was a waste of time and I would need a physical assessment. She then told me I would hear from someone within 10 days to arrange this. 5) Despite chasing, I heard nothing until the middle of January and finally had my assessment on the 20th January 2014 ... a full year from my injury occurring. I was informed by the Therapist that I could return to work with light duties, exactly as my GP stated in September and she suggested I would benefit from being put on a functional physiotherapy program. 6) Today I heard from the Physio company asking if they could get in touch to arrange a meeting yet I had heard nothing from Atos in the form of a report and nothing from my managers. 7) As of October my pay stopped though in my mind I should've been back to work by this point. What I would like to know is if there are any grounds for me to take action against my employer due to their and Atos' poor and slow handling of my situation? How can a GP who physically assessed me and who had been dealing with me for months be overruled by a company who had never met me? The past year has been horrendous but especially the past few months and I would really appreciated it if someone could either help me with advice or just let me know if I am wasting my time. Sorry of this seems a rather long message but I wanted to make sure the details were there straight away. Many thanks in advance for anyone who gives their time to help me. Kind regards Dave
  25. posting this up to resolve an argument between the wife and myself...... you're off work for a few days, then, say back for a week, then back off for a day WITH THE SAME ILLNESS, then back for a week, then off again with the same illness. Does this be classed as one period of absence or three? She says her workplace regard it as three absences, I thought there was something somewhere where it should be regarded as one absence??? It does relate to a warning a colleague received in work today, the colleague has been off with stress.
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