Sick Leave Rights

[rtbm]

Hi

I've been off work for the majority of the year and I need to know what my rights are in regards to my sickness leave. I am currently on half-pay. What would be a reasonable process for my company to follow, should they decide to get rid of me? I'm not best pleased with them because up and to the operation I had for my illness in July/August, they had offered support but since then, they have rarely kept in contact with me - I feel I'm the one whose been doing the chasing - its as if they don't care and I thought they were supposed to show a duty of care. I was the subject of an investigation earlier in the year as well and I have done absolutely nothing wrong, so I feel cheated in that respect and even my union said it was nothing (it was in regards to controversial comments that appeared on my FB page). Thoughts and advice MUCH appreciated. The support I have got in this matter has been rather limited from those that matter and its been an intensely frustrating time.

Many Thanks.

Robin

[teaboy2]

Re: Sick Leave Rights

Are you on a company sick pay scheme? I ask as you said your on half pay, which i assume your referring to as being half your salary?

As for duty of care, well that doesn't apply in these type of circumstances as it is in regards to your safety, health and well being whilst at your workplace. Your health issues are not something that your employer has any reasonable control over or the ability to cure - Thats down to your doctors.

Now how they should be acting, depends on the size of the employer. If they have an occupational health scheme, they should be invited you to attend so the occupational health worker could assess you, see if your ready to return to work, see what reasonable adjustments would be needed to be made by the employer to help aid your return to work etc.

But not all employers have an occupational health scheme, and therefore can only rely on the updates you give them or from your doctor. If you have been signed of by a doctor for a fixed period of time, or the employer is aware your not likely to return to work for the foreseeable future, then what would be the point in them contacting you every week to see how you are? There would be no point! Its not that they do not care, it's just it wouldn't make the slightest difference to your speed of recovery, and most employees would feel such contact was a chore then of any help whatsoever - Hence why they are leaving you in peace to recover!

If they are paying you half your salary still, then they clearly do care. Because (assuming your on a company sick pay scheme) if they didn't they would not have such a generous sick pay scheme. Bear in mind that statutory sick pay (for those who's employers have no sick pay scheme) is only around £85 per week and only covers the first 28 weeks of absence, after that the employee has to apply for employment and support allowance!

I very much doubt they would try to get rid of you, given your still of sick, as the equality act 2010 would be a big obstacle to them. Basically they will likely wait till you return to work full time, after a phased return with any and recommended reasonable adjustments (made by your doctor or occupational health) are made, and then assess your capability to perform your duties. If your not able to perform your duties to acceptable levels, then only then may then dismiss you on capability grounds. But i doubt it would come to that!