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Signed off as sick without being advised as such - is it legal??

56 replies

Madamecastafiore · 05/08/2013 09:58

Hi knowledgeable people.

I wonder if someone could give me some advice. I have been off since Mid June after making a complaint about a couple of people at work and racism issues.

Am now 25 weeks pregnant and was at the tine of the complaint told to go home, I was told that I would be on full pay and an investigation was started.

I have seen occupational health who advised that I should not go back to work until the issue was resolved. The issue has now been resolved (as much as the organisation I work for ever resolves anything - pick up carpet and sweep underneath!!) and I am due to return to work tomorrow after seeing occupational health again today.

I have never been signed off sick, never been asked for a certificate but upon being paid found out that I have been put on half pay (sick pay since the beginning of July) on the request of my manager.

Now I would not have gone back to work regardless and have been on holiday for 2 weeks of the period I have been off of work but am a bit shocked that they told me to not go into work and that I would be on full pay and at no time was I advised that this would be changing. I am not scraping the barrel for money but this change to my income will make a difference when it comes to my maternity pay which is what is bothering me most. (I do have an email stating that I would be paid full pay and have nothing stating that I would be paid anything less or be signed off as being sick!)

Can they tell me not to come into work and then just decide to pay me as though I am sick? I could not have worked as the anxiety I was suffering was immense and if I had gone back I would have had to work with the people who I had put in a complaint about and their behaviour was just awful.

OP posts:
CoconutSponge · 08/08/2013 20:12

Hi MC, glad to hear you are bearing up Smile Wine

As you already know, they are talking rubbish, you were medically suspended and not off sick at any point. Stick to your guns for now, you are doing really well !

Another thing to bear in mind, if they keep insisting you were off sick, you could say oh, ok then you will be claiming your annual leave time back to take before Mat Leave in September Wink

...what a bunch of chancers !!

Madamecastafiore · 08/08/2013 20:43

Thanks coconut that's what I though.

We'll see though once I email HR director.

Am going to ask for letter which says I was unfit to work and saying I was fit again to work (other than me saying i would go back after hols no dr or OH prof was seem to establish this) as well as letter which advises me of the above and will also ask why if I was off sick was I not given a back to work interview which is trust policy.

Bastards!!!

OP posts:
CoconutSponge · 08/08/2013 20:51

They really are... !!

Good on you getting it all in writing and building your case.

I also noticed that the manager is now trying to blame the HR person for telling her to write the email, while the HR person said it was the manager.... are they starting to sweat?!

Make sure you note all inconsistencies in their stories... Wink

Madamecastafiore · 08/08/2013 20:56

Thank you will do.

Am going to says about how long it took to meet with hr too so effectively am losing money because the meeting after seeing OH took 2 weeks to get to.

OP posts:
CoconutSponge · 08/08/2013 21:28

Good Plan Grin

Why should you lose money just because they don't know what they are doing are causing you stress whilst dragging out looking into a complaint that you made?

Hazeydays · 09/08/2013 12:52

so happy you are feeling better and the new environment is working for you, concentrate on you and baby and counting down your days (i have only 4 to go Grin!!!!)

keep at it and always remember they're clueless and in the wrong!

stay happy!

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