Pay stopped whilst under GP cert

[makingsounds]

A colleague was signed off for 2 weeks by their GP with a back complaint. Just over half way through the absence which included a full weekend, they called their manager to say they were feeling well enough to return to work early but not to full duty, but could do some meaningful work. As they were already on an Attendance Review 1, they thought the full absence would trigger an AR2 and they didn't want to trigger that, so naively said to the manager that they would return to work to prevent the AR2 triggering. As the Sunday was included in the absence, the absence at the point of the call hit 10 days, which would trigger an AR2, so my colleague said to the manager that they'd return early if he didn't issue the AR2. The manager refused and went a step further and took my colleague off pay for the remaing absence of 4 days for false declaration of a sick absence because they had seen out the GP's cert period but had declared they were fit to or prepared to return to work after 10 days. Hope that all makes sense. Was the manager within his rights to stop pay?

[Haditup]

Your colleague produce a sick note and offered to attend work on light duties prior sick note ending which was to Royal mails advantage.
Manager can refused return to work , sick pay would remain and would trigger another stage.

It look like the manager is a complete twat and didn’t want to do the attendance deal then claiming they refuse to return work after stating ok to.

[97gaz]

Your colleague produce a sick note and offered to attend work on light duties prior sick note ending which was to Royal mails advantage.
Manager can refused return to work , sick pay would remain and would trigger another stage.

It look like the manager is a complete twat and didn’t want to do the attendance deal then claiming they refuse to return work after stating ok to.

The thing is though, the manager didn't refuse his return to work. He refused to cancel the colleagues attendance review which by the time of the call had already been triggered. The colleague then compounded his problem by stating that if he was going to get an AR2, he might as well stay off even though he has declared to the manager that he is fit for work.

[goldy]

Probably not ,don't do deals they will screw you .Keep paper work see delivery reps ,put forward the case .

[Donnygav93]

I've had a similar issue

Been of since September been to see physio and only recently saw a nhs physio who has diagnosed me with a rotator cuff injury

Dom has told me on the 18th of this month i will recieve no pay dispite oh health dr and nhs physio telling me i'm unfit for work

Any advice would be greatly appreciated

[redlen]

Scottish Courage Ltd v Guthrie.

The employer cannot just decide any absence is not genuine without any specific evidence to that effect, and merely because the employer disagrees with the employees General Practitioner as to when the employee will be fit to return to work.

Put simply the employer needs further evidence from other professional sources such as Occupational Health before stopping those wages.

Stopping of wages will be contrary to section 13 Employment Rights Act 1996 Unlawful deduction of wages

[97gaz]

Scottish Courage Ltd v Guthrie.

The employer cannot just decide any absence is not genuine without any specific evidence to that effect, and merely because the employer disagrees with the employees General Practitioner as to when the employee will be fit to return to work.

Put simply the employer needs further evidence from other professional sources such as Occupational Health before stopping those wages.

Stopping of wages will be contrary to section 13 Employment Rights Act 1996 Unlawful deduction of wages

The evidence was in the phone call. The employer didn't decide his absence wasn't genuine. The employee did that by stating he was fit for work but going to stay off.

[97gaz]

I've had a similar issue

Been of since September been to see physio and only recently saw a nhs physio who has diagnosed me with a rotator cuff injury

Dom has told me on the 18th of this month i will recieve no pay dispite oh health dr and nhs physio telling me i'm unfit for work

Any advice would be greatly appreciated

Have you had any other absences in the last few years ? Is it not possible you've reached the limits of sick pay ?

[Donnygav93]

Yes unfortunately what confuses me is i haven't had a period of half pay surely that should come into place before none at all