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Enforced Sickness Absence on the part of my Employer


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Hi!

 

I work in Aldridge repairing industrial electronics PCB's.

 

In November 2019 I found I was starting to have difficulty with the vision in my right eye, that started off as distortion of vertical lines, and over the next three months this gradually got worse, until, February 2020, the vision in my right eye had got hazy to the point where I felt it was no longer safe to drive my car and I gave the car key to my friend Steve whom I live with and who works for the same employer as I do, doing an identical job to me.

 

I went to see my optician in March 2020 who examined my eye, she said she couldn't examine it properly and referred me to the Opthalmology Department of Walsall Manor Hospital.

 

By then the c.v. nonsense had set in and it was September 2020 before I got an appointment to be seen and after a detailed slit–lamp examination, it was decided to attempt to treat my right eye with YAG Laser Capsulotomy on the December 15th 2020.

 

This procedure was unsuccessful and I was advised at a further Appointment on 7th May 2021 that Walsall Manor were unable to treat my eye and were referring me to New Cross Hospital for a more major consultation, which I am still waiting for.

 

On 26th May 2021 I was called to a meeting upstairs at work with my immediate manager and HR via video, and told I was being sent home on enforced sick leave until after my eye was operated on with the more major operation.

 

I have been off work since 27th May 2021 and my manager and H.R. are refusing to allow me to return to work and I have exhausted my company sick pay.

 

At the meeting upstairs at work I stated that I felt I had adequate vision in my left eye to be able to do my usual duties and there was no need for me to be off work, but this was brushed aside!

 

How do I stand when, as in a case like this, where the manager/employer forces me to take a long and continuing sickness absence with no idea of how long it will go on for?

 

I do not know when New Cross Hospital will write to me regarding a consultation for the more major surgery my right eye will need!

 

 

 

 

 

 

 

 

Edited by Chris56000
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Hi!

 

One point I forgot to mention in my first post, I was sent home after the first anniversary of the "First Written Warning" over the "soldering iron accident" that occured April 2020, and at the time I was sent home on enforced sick leave, the "two–shift coronavirus" shift system had ended and we were all back to being employed normal daytime working hours with everyone in attendance!

 

I did ask my manager/H.R. during the meeting of 26th May 2021 at which I was sent home, was this being considered a disciplinary matter again and I was assured, both verbally and subsequently in writing, that it was NOT, they called it "safeguarding!"

 

I have sent regular fit notes to my manager by way of my colleague Steve, who as mentioned, works at the same employer doing identical work to me, and will be collecting another note from the surgery tomorrow!

 

(As regards the c.v., I have had both vaccinations and during a recent admission to Walsall Manor Hospital about two months ago for mild pancreatitis, was tested again for c.v., which I assume came back negative as nobody came running about after me!)

Edited by Chris56000
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Unfortunately not – whilst I am free to join Unite, the employer does not recognise them and Unite themselves are extremely reluctant to get involved in disputes with this particular employer – my friend Steve who I live with is a member of Unite and he's had run–ins himself with management/H.R. himself and found Unite extremely unwilling to get involved!

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Please tell us more about the fit notes ?

 

Have you been submitting fit notes since you started having the eyesight issues ?  Is your Doctor continually saying that you are not fit to work ?

 

If your Doctor believes some work is possible, then ask your employers to arrange an occupational health assessment.  This will enable you to be assessed to see what work you are capable of performing.

 

Are you claiming Universal Credit or tax credits ?

 

 

We could do with some help from you.

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InHi!

 

(Sorry for the long explanation!)

 

The fit notes are simply marked "poor vision" and "not fit for work" – it was after they sent me home I had to ring up the surgery and explain that I had been sent home from work and they were also refusing to allow me to attend the premises in any capacity whatsoever – they insist there is no other work in any capacity I can do, so I had to request the doctor to sign me off for an unknown and lengthy period, to which the surgery replied "we can only sign you off for one month at a time".

 

I have asked for fit notes regularly, and have been sending them continuously since they sent me home, and I am collecting a new one from the surgery today!

 

I have applied for e.s.a. as I was told I was entitled to be regarded as "partially sighted", but I have not applied for U.C. or P.I.P. yet.

 

I was not told at the time I was sent home how long Company Sick Pay was paid for, my friend says "three months", another colleague said "six months" and a third says "twelve months", and it doesn't say clearly in my C of E!

 

I received a normal salary payment on 15th June covering 15th May to 14th June, (which I expected to be paid in full as I was working for ten days of that period plus any holiday pay) followed by four further normal salary payments for 15th July, 15th August, 15th September and 15th October, so if my colleague's statement of "six months" is correct, I should get a final full Salary payment on 15th November and then S.S.P. after that, altho' a phone call from my manager last Friday suggested I may not be getting any more loot from them!

 

Should I apply for U.C. immediately or wait for a decision on my E.S.A., or wait until what would otherwise be the next payday, 15th November, and see what I receive?

 

 

 

 

 

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Statutory sick pay is only for up to 28 weeks.  Your contract of employment terms will have a limit to how long they will pay you, which  going by what you have said many only be 6 months.  Are you sure that the employer has not been claiming SSP for you not being able to work ?

 

WWW.GOV.UK

Your Statutory Sick Pay (SSP) - how much you get, eligibility, how to claim SSP, fit notes, disputes, isolation notes for coronavirus (COVID-19)...

 

So you claimed new style ESA based on previous National Insurance contributions ?

 

If you earn more than £140 per week then you will not qualify for ESA payments as far as I know.

 

You need to run your information through an online benefits calculator.   These can be found on the websites,  Entitledto and also Turn2us.

 

I think you would benefit by speaking to a benefits and employment advisor.  You way wish to contact the RNIB on 0303 123 9999 which is for their benefits advisors. But they should be able to put you in touch with employment advisors.

 

WWW.RNIB.ORG.UK

If you are blind or partially sighted, find out how Jobcentre Plus decides if you can receive Employment and Support Allowance (ESA)

 

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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your employer cannot have you ack if your fit note says "not fit for work." It would have to say "able to do adjusted work" or "partial work" or "different work" something like that. You are uninsurable at work if your fit note says, you cannot work.

 

Your employer is doing nothing wrong here.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Hi!

 

The only small point I should add to the above is that I had to ring up the surgery and ask for a fit note AFTER I was sent home – in other words I was presented with a "FAIT ACCOMPLI" by my employer who told me I was no longer allowed to attend as and from the 26th May and I had to ask for a fit note – the Surgery Receptionist herself said that it was "very irregular but I shall ask the doctor for you".

 

THEY took the decision about my fitness to work or otherwise, not me, I am still able to carry out electronics work at home of exactly the same nature, using exactly the same equipment, as I am employed for but my employer refuses to accept this!

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your doctor decided what to put on the note. Your beef is therefore with your doctor, if you think their note was inaccurate.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Perhaps look at it from your employers position.

 

Once they were aware of you having a health condition that could be a health & safety issue that could make them liable, they asked you to contact your Doctors.  You spoke to your Doctors and they issued a fit note saying that you could not work.

 

If you feel that you can work, speak to your Doctors. Get them to confirm that you can work in writing ( there is a part of the fit note that can state that you are now fit to work) and present this to your employers. If your employers still have concerns, they can arrange a occupational health assessment at their cost.  Once you present yourself as fit for work with the Doctors note, as you have an employment contract, they will have to start paying you.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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