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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5101
Experience:  10 Years of experience in Employment Law and HR
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I work for the civil service. I was on long term sick leave,

Resolved Question:

I work for the civil service. I was on long term sick leave, due to my illness I am now registered as disabled, as I have limited mobility. I was not receiving any wages from my employers. I applied for ESA and was placed in the Support Group.

I informed my employers two months prior that I was ready to return to work. They asked me to supply a doctor's certificate stating I was fit for work. My doctor supplied the certificate, which stated that I should work from home until my health improved and I am able to return to the office.

My employers insisted that I should attend an Occupational Health Assessment by Atos before they are able to assess my illness and decide whether or not they can make reasonable adjustments for my return to work.

In the meantime my employers have refused to pay me my salary (surplus staff within the civil service still receive their salary until a job is found for them). They told me that they consider me to be still on long term sick leave, so are not obliged to pay me a salary until I have my Occupational Health assessment. I have no other income apart from ESA and DLA, these are not enough to pay my mortgage and other bills. I have to borrow money from my family and very close friends. I am afraid that I may lose my home if my employers continue to refuse to pay me my wages and friends and family are not able to help me out financially anymore.

Could you advise me please.

Lavern
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, do you have any specific questions about this?
Customer: replied 1 year ago.


Hello,


 


I want to know if my employers can withhold my wages. Do I have any rights under the Equality Act 2010. I really want to know what I can do to resolve this. Not receiving my wages has been a detriment for me.


 


Lavern

Expert:  Jenny McKenzie replied 1 year ago.
Hello so is your complaint that you have not received sick pay?
Customer: replied 1 year ago.


My complaint is:


 


1. My employers are refusing to pay me my wages, even though I notified them that I was now ready to return to work. This was over two months ago.


 


2. I am struggling to pay my bills/mortgage.


 


3. As a disabled person, are my employers by refusing to pay me my wages in breach of the Equality Act 2010?


 


What are my rights as an employee of the civil service.


 


Lavern

Expert:  Jenny McKenzie replied 1 year ago.
Are you able to work?
Customer: replied 1 year ago.


I am willing and able to work, but have requested that I work from home until my illness improves ( I have bowel and urine incontinence, and I have limited mobility, which affects my ability to use public transport), so that I can return into the office.


 


Lavern

Expert:  Jenny McKenzie replied 1 year ago.
Sorry for the delay what reason has the employer given for refusing this
Request?
Customer: replied 1 year ago.


They sent me the policy on 'Occupational Sick Pay policy and guidance'.


 


It does not mention anything about withholding an employees pay when an employee returns back to work after long term sick leave. It talks about when someone is off sick and how long they receive full pay, then half pay, then nil pay, and it then mentions SSP.


 


My line manager has told me, that until they have an Occupational health assessment report, they are refusing to allow me to be paid until they can find a job for me to return to in the workplace.


 


What I do not understand, is that employees who do not have a job allocated to them are called 'surplus staff' and are at home (just like me), but they are still in receipt of their salary.


 


Lavern

Expert:  Jenny McKenzie replied 1 year ago.
So they are not saying you cannot perform your role from home? Just that you cannot work until you have seen occupational health?
Customer: replied 1 year ago.


That is what I understand. They said they need the Occupational health assessment to make 'reasonable' adjustment for me in the workplace, or to assess whether or not they can find a job for me to do at home.


 


I work for the civil service, and I am fully aware the many employees work from home.


 


Lavern

Expert:  Jenny McKenzie replied 1 year ago.
Hi on the basis of what you say you should be paid in full between the time you were fit to work and the time it takes for you to see occupational health as in effect you are on a suspension. You should raise a grievance about this and say that you believe they are in breach of a contractual duty to provide you with work and potentially also in breach of the Equality Act in that it is a failure to make a reasonable adjustment to pay you for the period you are unable to work through no fault of your own.

Hopefully this will lead the employer to take action to pay you for the money you have lost. If it does not then you may raise a claim in the employment tribunal using the form you will find at www.employmenttribunals.gov.uk

If you have any further questions please ask. If i have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.
Customer: replied 1 year ago.

Thank you for your reply. Could you explain to me what you mean by 'suspension' please.


Lavern

Expert:  Jenny McKenzie replied 1 year ago.
well you are fit for work according to your GP and they are not allowing you to work. Therefore you are effectively being suspended from duties on medical grounds (until you can see Occupational Health).

Hope that helps.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give my answer a positive rating.
Jenny McKenzie,
Satisfied Customers: 5101
Experience: 10 Years of experience in Employment Law and HR
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