SSP refused?

[Dane]

Hello Guys,

I've been off sick for 5 weeks now with WRS.

When I notified the manager I was unable to go out on delivery and that I would have to seek medical advice I was told (Threatened) that my pay would be stopped if I didn't go out on delivery.

I submitted my sick line the next day (Saturday) and received a letter on the Monday confirming that my pay would be stopped.

Now, I know that SSP is a minimum of £87.55, but since my absence began, I have received zero. I was referred to ATOS 2 weeks into my absence who recommended that I be re-deployed in another office, having voiced my reluctance at moving to another office due mainly to being worried about making a mistake that could jeopardise my position and outlining that my stress would not simply be alleviated by a move to another office I have remained off work for the duration of my sick line.

I have, in the mean time, been looking for another job as I can't see any long term future for myself in an office that employs bullying and victimisation as management strategies. I have also been forced to look for new work as I need money to be coming in to pay mortgage and all the rest. I have handed in my notice today as I have been offered a new job.

My question is, would this be grounds for constructive dismissal? If anyone can clear up the SPP entitlement query and, if I should have been receiving minimum £87.55/week, is this not a breach of my contract?

Thanks in advance.

I hope someone here can shed some light on this for me.

[Lincox]

How long have you worked at Royal Mail?

[Dane]

How long have you worked at Royal Mail?

Just over 7 years, full time contract

[Nondescript]

Unless you'd recently had along period off sick, you should have been receiving a lot more than SSP, namely, you should have been in receipt of your full wage, which you would have been entitled to for the first 6 months of your absence, and then after 6 months it drops down to half pay, then after that it drops down to SSP.

[Dane]

Unless you'd recently had along period off sick, you should have been receiving a lot more than SSP, namely, you should have been in receipt of your full wage, which you would have been entitled to for the first 6 months of your absence, and then after 6 months it drops down to half pay, then after that it drops down to SSP.

Yes, but I think because the ATOS report was advising I be re-deployed in another office, they will view it as an unwillingness rather than unable to work. I still think under those conditions I should receive SSP as I was medically advised to remain off work for 6weeks, but RM would perhaps withhold any occupational sick pay.

[Lincox]

Knock me down if I am wrong, but I dont believe ATOS can provide you with a Fit for Work Certificate. Your Doctor can and has, so your entitlement to Royal Mail sick pay is validated by your doctors certificate and not a recommendation from Atos.

[Dane]

Knock me down if I am wrong, but I dont believe ATOS can provide you with a Fit for Work Certificate. Your Doctor can and has, so your entitlement to Royal Mail sick pay is validated by your doctors certificate and not a recommendation from Atos.

That would be my thinking. I dont think ATOS are in a position to medically assess someone, especially remotely via a telephone call and for that to 'over-rule' a qualified GP, with years of experience and access to an individual's personal records. I'm not sure of the in and outs of it, hence why I'm asking for any knowledge/advice, but as a bare minimum, I would expect to get at the very least SSP which has been refused thus far.

[steve1873]

My advice - seek legal advice. If you have been off for 5 weeks, with proper medical certification and not received a penny in that time, then basically who ever has made that decision, has IMO stolen ~£1700 from you.

Given this, it will have added to your already (medically diagnosed) stressed state of mind having to worry from a financial aspect, I would also be looking at potential damages for that.

Absolutely disgraceful, and I hope you get it sorted out 100% to your satisfaction.

[IcanthelpthewayIam]

Email moya stating you don't believe it's correct bring with held sick pay, osp or sap whilst being signed off by your doctor, that could very quickly change the situation

[General Mannerheim]

sigh....
If Employers refuse SSP or intend to stop paying it.they should give a written statement(usually on an SSP1 form)explaining why.Workers who are ineligible for SSP or whose SSP runs out may be able to claim Employment and Support Allowance instead,which depends on a different set of rules.
They may also have an independant entitlement to contractual sick pay.Employees can claim unpaid SSP as an unlawful deduction under PartII of the ERA 1996.If the employer disputes the employee's entitlement to SSP or it's amount,a ruling should first be obtained from HMRC.

Also:
If an employee's contract says payment for sickness absence is conditional on management being satisfied the sickness absence is genuine ,it is for the employer to make the decision as long as it is in good faith and not perverse.The employer cannot just decide the absence is not genuine without any specific evidence to that effect and merely because the employers occupational health service disagrees with the employee's GP as to when the employee will be fit to return.<Scottish Courage Ltd v Guthrie>

These feckin clowns think they are above the law,can just `decide` that they are god or doctors or can make things up as they go a long.
Feck them,stick in an ET claim form or at the very least get your rep or even better the lazy c***s masquerading as Area Reps or divisional to sort this out.

[rehabron]

Because you have handed in your notice you have jeopardised your claim for a constructive dismissal case. You would have had to have left the business on the grounds that the treatment you were receiving from your employer was excessive and you felt you could under the circumstances be unable to continue working.
Your manager without a valid reason cannot stop your wages and would be breaching the ERA 1996.
You have made the decision to abide by the medical certificate for the time stated on the medical certificate from your GP and ignored OH Assist recommendations that is your right and your manager cannot threaten you with stoppage of wages while this certificate is active.
If you have 7 years service then unless you have had an extensive sick absence in a calendar year then would have expected you under RM sick pay conditions to receive full pay for an absence of 26 weeks and half-pay for a further 26 weeks.