still pay SSP when an employee isnt sick?

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An employee is receiving sick pay for a bad foot and could potentially be off for a while.

She has a doctors note. However employer has complained she has had no problem spending the day on her feet shopping  and for her second week off sick she is going to Tenerife. As a result he's a bit unhappy at paying her sick pay and asks if he still has to when she isn't actually sick.

I'm guessing as long as she has a doctors note there is not a lot he can do about it. But just thought I'd check to see if anyone else has come across a case like this before. It does seem a little unfair as the £92 SSP isnt far off her normaly pay which is just over the £116 a week to qualify.

Thanks for reading.

 

Replies (4)

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By Mr_awol
02nd Jul 2018 10:12

What does she do? What is the injury?

Normally my opinion would have rapidly fallen on the conclusion that its another e'ee taking the [***] - but this employer sounds like a bit of a dick TBH.

I don't see why her sickness should stop her going to Tenerife, especially if its been booked for a long time. How does the employer know she's been on her feet shopping all day?

You used to be able to get a free occ health referral via fitforwork.org or something like that but they stopped it over Christmas. If your client doesn't believe they have two options:
1) Write to the employee telling them when SSP will cease, and the reasons why (e.g. I don't think you're really sick). Use with a fair amount of caution
2) Write to HMRC and request an assessment.
Either way, they should stop stalking employees even if they are on shopping trips.

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By neiltonks
02nd Jul 2018 14:22

It's quite possible that she can stand long enough to shop, but be unable to stand up all day, if that's what the job involves. Indeed, depending on her condition, short periods of standing might well be part of her recovery regime.

As for the holiday, well, someone I know is disabled because of bad knees but goes on holiday to the Canary Islands - she has wheelchair assistance at the airports and hires a mobility scooter for the duration of the holiday. If the employee had gone on a hiking holiday, your client might have a point, but going on holiday doesn't automatically mean she must be fit for work!

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By John R
02nd Jul 2018 15:20

Presumably, as the employee is going to be on holiday for a week whilst sick, she will be entitled to a further week when she is better!

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By kestrepo
02nd Jul 2018 16:40

The old style Sick Note is actually called a Fitness for Work Note nowadays and hopefully the issuing doctor will be making an evaluation based on this - some doctors are old school and just give time off if you ask!!

Perhaps your client should speak to the employee and ask if there are any workplace adjustments that could be made to help her back into the workplace sooner. This might be a bitter pill to swallow but it does show some good will/willing from employer and a positive approach to the situation.

If the employee is not back after a couple of weeks I recommend a referral for an Occupational Health Assessment. This will not only get a 2nd opinion but will allow the employer to ask specific questions to the employee about their condition.

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