Feeling angry and let down

[somersetlady]

When I was banded I was told by my employer that because it was elective surgery I would have to have the time of as holiday. I checked my contract which didn't say anything about elective surgery but I kept stum and took 3 days holiday, returned to work on the Thursday and Friday. On the Sunday I was really ill with constipation, went to docs on the Monday who said I had a tear and severe constipation and he told me to take a week off, I thought work might think I was pulling a fast one so he gave me a sick note for the week stating severe constipation.My boss informed me today that because the illness was caused due to elective surgery I would not be covered by sick note and have to take last week as holiday as well, I'm fuming! Has anyone else experienced this, or is my company just bad? I have worked for them for nearly 17 years and feel a bit let down by their attitude.

 

[paddyp]

I think that has got to be illegal. How the hell does your employer know that the constipation is due to surgery!!!! I would no way be allowing them to get away with that. Speak to ACAS or even a solicitor for advice Sx

 

[Yvessa]

A sick note is a sick note. You are entitled to it as sick leave legally.

 

[Lozer]

Plus wls is classed at life saving treatment and no elective I was told! A sick not a sick note regardless. I wouldn't take that rubbish!!! X

 

[somersetlady]

Well I have spoke to acas and they say as I'm coverered by company sick pay( no waiting days, full pay ) they can make rules like that , but, They have to pay ssp and I don't have to use my hols.Now to decide whether its worth rocking the boat for, the boss will have it in for me at every chance me thinks

 

[sarahrob]

That's awful! I can see the first days coming from holidays, but if you have a sick note that should be that. SSP isn't paid for the first couple of days, which is worth bearing in mind if you decide to go for it. x

 

[Yvessa]

I definitely would. If further down the lines you don't have support for appointments etc it will be very difficult. Frankly I took my op as sick leave and had 6 weeks off - did have a bypass but frankly it was not elective.

 

[Loppie]

I think in these situations you need to be rightfully thinking about yourself. You have a right to this time off and if the boss has issue with it, that is their problem - not yours. You work hard, you do a good job - there is no reason for your boss to find issue with you. He sounds like a right prat. Take what is owed to you.

 

[Lilacglittergirl]

I wonder what the situation would have been if you had 'elected' to have a knee replacement ... I suspect, very different. He sounds ignorant and/or uninformed. Surely, any surgery that is not done on emergency admission or via A&E is 'elective'. My blood is simmering for you. Hugs x

 

[somersetlady]

I sent my boss a text this morning stating what acas has said, SHE,( yep, lady boss) said she will let me know what hr decide, don't hold out much hope and I am rapidly losing respect for her and the company.

 

[Yvessa]

Well fingers crossed. If not, I would put it in writing rather than a text and say you will be seeking advice from the CAB.

 

[WitchInWorthing]

depending on what is said, consider a formal grievance as it is clearly discriminatory for the company to decide what sick note is acceptable and what is not. It is outrageous that they are behaving like that and I would consider referring this to your boss's boss as a minimum and if they carry on like this then I would consider a case for constructive dismissal.

You do not have to accept being treated like this, especially as you have worked there for 17 years. Ask HR for a copy of the staff handbook relating to staff sickness and go through it carefully to see what the rules are.

Your boss sounds like they are the one who is constipated as she is full of ......

xxxx

 

[lyzzyanne]

The decision to allow or disallow various types of sickness must be covered by a policy. My place is policy driven and they will not cover anything elective including vasectomy, cosmetic surgery and 'some' bariatric surgery. In their book if you book and pay for the operation yourself its elective if you are put forward by NHS you have to fulfill their criteria and that is covered.

As has been said previously they can make the rules as they are paying, all they have to do is make sure that you are given SSP. I would ask to see where in policy the elective surgery is mentioned, if they can't show you that then they are on a sticky wicket and you will have to decide how to deal with it. If they don't pay you they will have made and unlawful deduction from your pay (this would not apply if you take annual leave)