Sick/Fit Note - None payment of wage

So, I checked the policies this morning, and it says "If employees fail to produce a doctor's note and only self-certify, they will be in receipt of SSP only (if eligible)".

They submitted their sick note when prompted (not a day late). The reason HR gave for not paying was "your company sick pay was not paid due to not receiving doctor’s notes in a timely manner. As these notes were received after these dates had passed, they are unable to be paid in retrospect. Meaning this pay will not be reinstated, in your November pay."

"Timely manner" - nowhere in the policy does it mention this wording or what it actually means.
 
They have refused payment and senior management has been involved. But, they too have failed. A dead end and a lesson to be learned it would seem. I feel extremely sorry for the individual.
 
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Transform_IT said:
They have refused payment and senior management has been involved. But, they to have failed. A dead end and lesson to be learned it would seem. I feel extremely sorry for the individual.
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Whoever this needs to seek external advice, i've no doubt he'll reach a 'dead end' internally because they'll hope he just gives up and goes away if they're unhelpful enough.

They'll pay attention once someone qualified starts telling him what he's actually entitled to.
 
GaryTheSnail said:
and their reason was because they were 1 day late?
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Their reason was they have produced another policy stating that "the company reserves the right to terminate company sick pay if certification is not received in time or if an individual does not keep in contact with the company"

The individual phoned their boss weekly to update them - their boss has confirmed this.
 
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Transform_IT said:
Their reason was, they have produced another policy stating "the company reserves the right to terminate company sick pay if certification is not received in time or if an individual does not keep in contact with the company"

The individual phoned their boss weekly to update them - there boss has confirmed this.
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Did they introduce that policy after they handed the sick note in? :)
Have they made sure the staff know about this policy?
 
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Bug One said:
I'm on the fence with issues like this. Following a bereavement, or other life changing issues - then sure. But if it's simply the stress of the job that's causing the person to be off sick - then they're clearly not suitable for the job.
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Seems you've been lucky enough to never work for an employer with unrealistic expectations!

Transform_IT said:
Their company sick pay was suspended from 25th September - 8th October and 8th October - 18th October. They were told on the 8th that if they hadn't set their fit notes in by the close of business on the 8th, they wouldn't get paid (this was the first prompt they received). They sent them on the 8th and explained there were delays from their GP. They questioned HR and have been told their pay from 1st - 18th October won't be reinstated due to late fit notes.
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Transform_IT said:
Their reason was, they have produced another policy stating "the company reserves the right to terminate company sick pay if certification is not received in time or if an individual does not keep in contact with the company"

The individual phoned their boss weekly to update them - there boss has confirmed this.
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What timescale does their contract/employee handbook give for fit notes to be provided?

If "in time" is not defined then they don't have a leg to stand on.
If they can't reasonably prove that the employee was made aware of this policy then they don't have a leg to stand on.

Like I said in my first reply, the employer have clearly demonstrated they want to be **** about it. Probably the only way they are going to change their tune is if the employee starts getting a solicitor involved.

Unfortunately this will then put a target on their back and they may well find themselves being "managed out", so probably time to dust off the CV (probably a good idea anyway, since I wouldn't want to work for a company run in such a way).
 
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GPs will only accept application for a fit note once 7 days self certification has passed and any previous sick note since the initial 7 days (including non-scheduled work days) has expired.

My last sick note ended yesterday, even though I spoke to my GP yesterday, I had to wait until today to apply for an extension online. Chances are very high I will get an email sick note later today (they've always come back same day when applied for early morning), but the request form at the end said I might not get a reply until Tues 1st Nov.
 
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Haggisman said:
Seems you've been lucky enough to never work for an employer with unrealistic expectations!





What timescale does their contract/employee handbook give for fit notes to be provided?

If "in time" is not defined then they don't have a leg to stand on.
If they can't reasonably prove that the employee was made aware of this policy then they don't have a leg to stand on.

Like I said in my first reply, the employer have clearly demonstrated they want to be **** about it. Probably the only way they are going to change their tune is if the employee starts getting a solicitor involved.

Unfortunately this will then put a target on their back and they may well find themselves being "managed out", so probably time to dust off the CV (probably a good idea anyway, since I wouldn't want to work for a company run in such a way).
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They have all the legs to stand on, company sick pay is not a legal requirement only SSP is, he will be entitled only to SSP, and there is nothing to be done about that, IF they are **** as you say.

But yea, certainly dust of the CV.

Also what is a fit note, is this not a sick note?
 
platinum87 said:
They have all the legs to stand on, company sick pay is not a legal requirement only SSP is, he will be entitled only to SSP, and there is nothing to be done about that, IF they are **** as you say.
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Incorrect. If their contract states they will be paid in excess of SSP, then that is what they are legally entitled to.
 
platinum87 said:
They have all the legs to stand on, company sick pay is not a legal requirement only SSP is, he will be entitled only to SSP, and there is nothing to be done about that, IF they are **** as you say.

But yea, certainly dust of the CV.

Also what is a fit note, is this not a sick note?
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They haven't been called sick notes for years, it's been fit note for ages now.
 
@Transform_IT

Don't waste further time, companies who act like this cannot be dealt with outside of the legal channels.

Just get ACAS involved and a direct statement / specific guidance from them.

Failing that, solicitors letter.

That's my (wholly relevant) professional opinion
 
seems like they are bending the policies to suit them. from experience of similar acts ACAS or a union will easily sort this.

good luck to the employer arguing that someone who is ill didn't do something in a timely manner when they where only a day late :p. especially when it sounds like they where keeping in contact etc.
 
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When I was off sick I was emailing my new Fit Notes in to my employer the night before or early morning (before start of play) of the day they were due to come into effect. No problems.
 
Good luck to the company/HR for witholding pay to someone suffering from mental health issues , for handing in a sick note late...

Doctors notes can be backdated etc.
 
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