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Signed of work sick and having issues with empoyer

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CJSMM

New member
I am not really sure what category to put this under....

Basically, due to excessive pressure, bullying and sexual harassment in the work place, I became very unwell. I went to my GP and I was signed off on long term sick for depression and anxiety.

The company I am permanently employed with paid me on full pay for 6 months as per my employment contract. As part of my employment package, I also have Financial Protection Insurance, which is the companies group policy of which I am part of.

There are a few points I am really confused about at the moment and need a little advice on:

1. My HR department advised that they sent my claim to the insurer for financial protection and that I would be covered for 75% of my monthly salary, as I was coming to up being signed off for 6 months. I provided all of the documentation that was requested, including a report from my GP, stating that I am suffering severely with depression and anxiety. I have not seen any evidence that the claim was submitted and have been regularly chasing, but I have only been receiving SSP for some months, which I cannot live on. Now some 5 months on, have been advised that my claim has been rejected because my GP report does not show sufficient evidence that I am unable to work. However, I understand that if depression and anxiety is severe enough for a doctor to sign you off on long term sickness, this is classed as a disability under the Equality Act 2010. Firstly, I would like to know if this is correct, if it is, they doesn't that the insurance should pay out? I must point out, I have not seen anything from the insurer whatsoever. It is a group policy for all employees within the company, so I have no evidence to suggest that any paperwork has been submitted to the insurer at all. All I have is my employers HR Team relaying details to me in their own words via email. Am I entitled to get evidence that my claim has been submitted and a letter proving that it was rejected?

2. I am a little bit confused around my SSP payments. I know that I am eligible to claim SSP for a maximum of 28 weeks. These payments began in October, following my employers contractual obligation to pay me full pay for the first 6 months of my sickness. However, upon looking up how much you receive on SSP, I see that the amount of £94.25 is the weekly amount. However, I have only been receiving £42.23 (£183 per month), which is less than half of the entitlement. I don't quite understand why I am receiving less, when it's a set amount for all people needing SSP payments. Can anyone thing of a reason why, as I receive nothing else?

3. My holiday entitlement. When signed off sick, what happens to my holiday entitlement? Someone has mentioned that I should get my holiday entitlement paid to me. (As you can imagine, I am in desperate need of the money right now and my anxiety and depression are getting worse, under the fear that I will either lose my house or have to sell it). I did have 13 days of holiday originally booked before I was signed off sick. These days were booked for October. However, the only money I received in October, was the £183 in SSP. Should this holiday entitlement be paid to me and am I entitled to request any outstanding days from last year's entitlement.

4. Occupational Health - should my employers HR Team requested for occupational health to get involved in this situation? I feel they should have done and this also would have provided a report both to my employer and to the insurer to back up my claim. Does anyone have any advice around this?

I really am struggling to understand what is going on here and something really does smell fishy, so I really am hoping that someone can give me some advice. It's making my illness even worse and after seeing my GP again last week, he has increased my medication, due to the fact that my illness has become so bad. As you can probably tell, this situation is not helping me to get well, so that I can try returning to work.

I really do look forward to receiving advice and thank you for your time.
 


Zigner

Senior Member, Non-Attorney
What US state?

Edit: Your mention of the "Equality Act 2010" leads me to believe that you are in the UK. This forum is for US law matters only.

Oh, and the mention of "£183" is another indicator.
 
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