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Original poster

Sick and worried

10 replies

depob · 10/11/2011 21:49

I have been off work for several weeks with an as yet undiagnosed illness that is very disabling. I don't know if I will get worse or better at the moment and neither does the consultant.
I've never been officially off sick before, so know little about it. I kept in touch with work about my illness, but nothing was said about pay etc so I finally asked what my situation was. I received an email which said I would get statutory sick pay for 28 weeks, after which they will sign me off and I will have to apply for benefits. I was quite shocked by this - I have worked there for five years and am wondering if they should have said something along the lines of..we will try and make it possible for you to come back to work if your condition allows. I thought that employers had to make reasonable efforts to adapt to employees needs. There is not even a hint that anything other than a simple choice between recover and back to work as usual or piss off down to the benefits office.
I have sat on this email for a couple of days. Just don't know how to reply.
Any ideas?

OP posts:
Viewofthehills · 10/11/2011 23:27

Is there a union at your work? If so, join! It sounds like you need proper advice from someone who understands your workplace. Also, do you have a written contract and is anything in that?

Grevling · 11/11/2011 06:55

If you're signed off sick there is nothing they can do your not allowed to work, if you had an accident and injured yourself or someone else you'd be liable.

If your consultant gives you a fit note then they can start to adapt for you based on what you can do, they have to make "reasonable" adjustments so depending on the illness and the work they may make changes or they may not be able to make any.

Grevling · 11/11/2011 06:56

sorry that first you'd should be they'd

LoveBeingAFirework · 11/11/2011 07:30

I think you need to pick up the phone and double check you have understood it correctly because I wouldn't assume that they were sacking me from that, just that after 28 weeks I would be on unpaid sick leave.

Rudawakening · 11/11/2011 07:37

I would say from the email that they are not going to sack you after 28 weeks but that the company policy is ssp then unpaid sick leave.

I'm certain that they can not sack you for being off sick.

flowery · 11/11/2011 07:45

If you are assuming from the email that they are going to sack you automatically after 28 weeks I'd say you've misunderstood. Your query was about pay and in response to that they said SSP for 28 weeks after which they will sign you off as having run out of that and you may be entitled to some benefits.

It is perfectly possible for an employer to sack someone for being off sick- employers are not expected to keep people employed indefinitely if they're off for months with no prospect of return.

But if they do that there would be a process they'd need to go through including establishing whether there were any reasonable adjustments they could make to get you back.

Rudawakening · 11/11/2011 07:57

Just read my post and realised It is badly worded. They can not just sack you for being sick after 28 weeks there will be a process in place through HR that they will have to follow if there is no chance of you returning to work

Original poster
depob · 12/11/2011 15:07

A thousands thanks to all for your replies which taken together sound reassuring. I think now that I don't need to panic just yet...maybe later :)

OP posts:
tiredgranny · 12/11/2011 16:19

ssp is only paid for 28weeks after that it is incapacity benefit cannot remember what new name is. the new benefit is hard to get dr has to say what u can and cant do ie light duties no lifting etc but a lot can happen in 28weeks so wouldnt worry yet

Xenia · 12/11/2011 16:24

Yes, (a) it is lawful to sack people who are sick too much - you can do a google search to look up cases and law on that but (b) if someone ends up with a "disability" they can be protected by disability discrimination laws (c) again a said above SSP is paid for a fixed period - read your employment contract and perhaps type on here what it says about being off sick.

Some employers lawfully pay nothing for the first 3 days off and then after that SSP at its fairly low rate kicks in for the 28 weeks. You only get SSP if you earn over about £102 a week. SSP is about £81 a week www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018786

Some employers will pay you yhour normal salary for the 3 days and even after that for a fixed period. Check the employment contract.

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