Sick pay issue

[Runamarathon]

Hi - looking for some advice for my son please. How would you interpret this message from a manager:-

‘we have no concerns regarding your capability to carry out (job role). Bearing this in mind we advise that your absence yesterday and any future absence from work may be unpaid.’

This was their response to my son self certifying his absence yesterday due to work related mental health issues that have been ongoing for a few months now. Fitness to work issues rather than capability issues. My son is capable to do his job - just not mentally well enough atm. He has the benefit of CSP and has again self certified today.

I know CSP is discretionary but it seems to read like they don’t believe him re a decline in his mental health being the cause of his absence and are considering not paying him CSP. How should he respond?

Many thanks for any help.

it’s probably just standard company policy for a lot of places now, unfortunately, so they have to remind staff who are off that they may not get paid for being off.

That said, MH issues are protected under the Equality Act 2010.

Has he spoken to a Dr re his MH previously?

If he is struggling, he might be better off speaking to the Dr tomorrow and getting a sick note for a few weeks, rather than just self certifying. Ime they will just issue the note from his first day off if he is struggling, that will mean he isn’t then self certifying.
His work will not then be able to downplay his work related MH issues, it may mean they take it seriously and may be able to make reasonable adjustments to his working day in order to support him staying in work once he returns.

How long has he worked there? Has he been off before?

Not at all legal btw, just had a few experiences, unfortunately, of being off with work related MH issues. I hope things improve for him soon and he gets the support he needs.

Thank you - he’s been there 3 years and this is his first time off work. I’ll get him to speak with his GP on Tuesday. He hadn’t spoken them about this before but everything just got too much for him this week. Hopefully his company with accept his mental health status as a valid reason to be off and pay him so he doesn’t have to worry about that - and not worry about not being believed.