Sickness pay removed while off work

[Footballwriter]

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...

[Emmzzi]

You've resigned - I'm not entirely sure what advice you are looking for, as that will bring the matter to an end?

[Footballwriter]

Sorry, should have said. I wondered if there is a case for constructive dismissal? My friend is saying that they should have followed the correct HR procedures of holding a meeting etc. I didn't really want to resign, as I may be unable to work for some time after an operation, but the atmosphere at work is hard to deal with. Also the digging by my manager on social media as well as discussing me with other general members of staff feels a little off? Maybe he's done nothing wrong though?

[SabreSheep]

You needed to follow your company's grievence procedure. You also need 2 years continueous service to bring a constructive dismissal claim.

 

Sadly this looks like it could of been resolved via the grievance procedure so the tribunal would not look favorably on your case. By failing to follow the procedures the tribunal can cut any award by up to 50% anyway

 

You *might* be able to lodge a comprehensive grievance now and say you felt bullied into resigning but now wish to withdraw your resignation. You would need to get written statements from those who overheard the manager talking about your circumstances publicly. If proven this would be a breach of "mutual trust and confidence" which is an implied term in law for any employment contract. Yes im sure they should of conducted an investigation rather than just cut your sick pay. That to me sounds like a disciplinary action taken without an investigation or disciplinary.

 

I also suggest you turn on your privacy settings so NOONE from work can see your profiles.

[Emmzzi]

Nothing in law says they have to have a meeting. So there's no breach of anything but good practice - which isn't enough for court.

 

I can also kinda see the bosses point - can't work, can play footie? I would be asking questions too. Admittedly he's done it in a right cak-handed way, but no - there's no case here.

[Footballwriter]

Thanks. I have five and a half years service. I thought about raising a grievance, but it states in the company handbook that an employee *may* be suspended without pay while an investigation into a grievance takes place. I can't really risk being suspended without pay.

 

If it turns out that they didn't follow the correct procedure by undertaking an investigation, do I have any grounds for a claim/complaint?

 

Also, I had a (civil) email exchange with the director where I explained my situation and asked him to change his decision, to which he refused. Would this class as an 'investigatory meeting'?

 

Thanks

[Footballwriter]

Fair enough. Thanks Emmzzi.

 

In some ways I'll be glad to wash my hands of the company and move on. To be fair they haven't treated me half as badly as they have some other people.

[Emmzzi]

if your contract / employee handbook says sick pay is discretionary (and the majority do) you're stuffed. They followed your fit note instructions. That's all they have to do. Nothing more.

 

What qualifications does your advising friend have in HR?

[SabreSheep]

Suspended Without Pay

 

That is also wrong as unpaid suspension is a disciplinary action.

 

I disagree with Emmzzi, if your sick pay is part of your T+Cs then to remove it is again a form of punishment without you having the oppertunity to respond to the investigation.

Employe relations act does force companies to have a Minimum Standard of greivance and Disciplinary procedure that they must abide by (unless it is summary dismissal for serious gross misconduct)

Edited June 11, 2014 by honeybee13
Link removed.

[Emmzzi]

 

I disagree with Emmzzi, if your sick pay is part of your T+Cs then to remove it is again a form of punishment without you having the oppertunity to respond to the investigation.

Employe relations act does force companies to have a Minimum Standard of greivance and Disciplinary procedure that they must abide by (unless it is summary dismissal for serious gross misconduct)[/url]

 

That's why I asked if it says "discretionary." If it does, no dice.

[Footballwriter]

It is discretionary, but I'm not sure that they followed my fit note instructions?

 

For the first two weeks I was signed off 'not fit for work', it has only been thereafter that I have been signed off on 'light duties'.

[Footballwriter]

Sorry, I see what you mean. They used their 'discretion' not to pay me.

 

I suppose it only sticks in the craw a bit because my colleague (less than 3 months service) was given a months sick pay under very similar circumstances, while I have been vilified despite taking the advice of my doctor.

 

I guess that's the nature of work though? It helps to be related to your manager!

[Footballwriter]

I'm still a little confused here. Is removing my sick pay classed as a form of disciplinary action?

 

If so, then surely by ACAS guidelines they should have had an investigation and a meeting?

 

I realise it is discretionary, but having awarded sick pay can they just take it back under 'discretion' or would that class as disciplinary action?

 

I also read somewhere that there are grounds for discrimination if one employee is given a benefit, but another is denied under similar circumstances?

 

Apologies for all the questions!

[Emmzzi]

No, not disciplinary. Did you get SSP instead?

 

Not all discrimination is illegal. Only on race, gender etc grounds.

[Emmzzi]

Sorry - I see you were offered SSP and took holiday instead. That's very fair - at my place you can't do that when unwell.

 

Really you have no case. Best to put your energy into join hunting, and next time ask the bosses opinion before, not after, the match.

[Footballwriter]

Thanks for your advice Emmzzi. I appreciate it.

 

Not that I suppose it matters, but just to answer your last point, my boss did know I was playing beforehand.

 

Thanks again.

[ericsbrother]

Have you considered that by plastering it all over facebook you were rubbing your company's noses in the dirt and made your position extremely difficult by bringing them (in the eyes of some) into disrepute and it certainly hardens attitudes and stances. If you want a private life keep it private.

[Footballwriter]

Not really pal. I didn't plaster it all over Facebook...I posted pictures only my freinds could see. I'm not friends with anyone at the company. As I had my doctors approval and my boss already knew I was playing, I don't really think it constitutes bringing the company into disrepute?!

[rambo]

Facebook strikes yet again.

Must admit, the football match was a bad idea.

[Footballwriter]

Yeah, I can't deny that.

 

Oh well, I'll have to just put it down to experience and move on.

 

Thanks for your comments...