When should a Sickness Welfare meeting take place

[SANTACLAUS]

Hi and Good Morning to all,

My post is concerning,When can an employer call a Welfare Meeting,if you (as employee) are off sick. ?

My background and details,
I work as a warehouse operative for an,supposedly "ethical" retail orgainsation.
I suffer from "depression and low mood swings" and have recently (prior to being off sick) discovered i have "atrial fibrillation.
I have informed my employer of these disabilities.

My current sickness/absence started on 21st April 2015.
I informed my employer,as per their absence policy and procedures.
I followed the same,until able to visit my GP and be diagnosed with work related stress on 24th April 2015 and he advised 2 weeks off work.

In the afternoon of 24th April 2015,I receive a "recorded delivery" letter from my employer dated 23rd April 2015,inviting me to a welfare meeting on 27th April 2015.

I informed my employer that this was far too short a notice period,as I wanted to have my union representative attend this meeting.

New dates were discussed and a compromise found.
However on accepting a date available for a new welfare meeting given to myself by my night shift manager on 2nd May 2015,which I confirmed on the 3rd May 2015 (for the meeting to go ahead on 8th May 2015) he then sends me an email the following day telling me he made a mistake in offering me 8th May 2015 and I must now attend the 6th or 7th of May instead.

At this point I because even more anxious/stressed and unable to menatlly cope and was also suffering with dizziness and rapid heart beat,so again on weds 6th May,spoke with my GP and he did not think it wise for me to drive nearly 50 miles to attend this welfare meeting at 10.00pm when I would be putting at risk,my own health and safety.

I then informed my employer of the above and explained to them how all of this has affected my mental and physical well-being and that I would not be able to attend this welfare meeting,but I went on to suggest a welfare meeting at my home address,would be preferable.

I have now received a new invitation,in that they are happy to visit me at my home address on Weds 13th May,but within this letter they have stated,that because I did not attend either of 6th or 7th May 2015,they have stopped my Company Sick Pay.

I would warmly welcome your thoughts and comments on my post.

Kind Regards

[Kati]

Re: When should a Sickness Welfare meeting take place

[MENTION=19071]teaboy2[/MENTION] ... do you have any advice here??

[teaboy2]

Re: When should a Sickness Welfare meeting take place

They can not stop company sick pay when you have followed correct procedure and you have a sick note. Company sick pay is a contractual term therefore it is not a discretionary payment, stopping it when you have completed the correct procedures is a breach of contract. They should have asked you you to contact them to arrange such meeting and arrange the location as good practice.

You need to write a formal grievance , outlining how company sick pay is a contractual payment not a discretionary one, it can not be stopped for not attending welfare meetings, when you had in fact, rearranged the meetings to more acceptable date and to take place at your home address - making their actions unreasonable and unfair and more importantly.. Unjustifiable. They are therefore in breach of your contract of employment for non payment of company sick pay when your eligible for it. Not only that using such excuse as non attendance to such meetings, under such circumstances likely puts them in breach of the equality act 2010 as mental illness is a protected characteristic under said act. And on top of that, their actions are making your illness worse by causing you more stress, therefore they are acting to your detriment and not in the interest of your well being or welfare! Give them 14 days to make payment to you for backdated company sick or you may take further action.

[stevemLS]

Re: When should a Sickness Welfare meeting take place

I think, teaboy, company sick pay is in many cases discretionary and I can't see anything in OP to indicate otherwise.

Of course, if it is contractual you are absolutely right.

I wonder if OP could clarify.

[Kati]

Re: When should a Sickness Welfare meeting take place

http://www.nidirect.gov.uk/sick-pay-rights -

What you're entitled to be paid when you're off sick varies from job to job and there are also different sick pay schemes in operation - but there is advice available if you have problems.

Types of sick pay

If you take time off from work due to illness, you might be entitled to sick pay. There are two types of sick pay:

• company sick pay (also called contractual or occupational sick pay)
• Statutory Sick Pay

If your employer runs their own sick pay scheme it is a 'company sick pay scheme' and you should be paid what you are due under that. If you aren't entitled to anything under a company scheme, your employer should still pay you Statutory Sick Pay (SSP) if you're eligible.

and, https://www.gov.uk/statutory-sick-pay -

You can get £88.45 per week Statutory Sick Pay (SSP) if you’re too ill to work. It’s paid by your employer for up to 28 weeks.You need to qualify for SSP and have been off work sick for 4 or more days in a row (including non-working days).
You can’t get less than the statutory amount. You can get more if your company has a sick pay scheme (or ‘occupational scheme’) - check your employment contract.