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An issue re: self-certified sick note and not being paid.

Discussion in 'Pay and conditions' started by fantastischfish, Jun 27, 2011.

  1. fantastischfish

    fantastischfish Established commenter

    I suffered a bereavement last month and, despite somehow making it through the following day at work, I came into work on the 2nd day and broke down by 9am. I was in tears, sleep deprived, hadn't eaten in about 50 hours and was in shock.
    I said that I needed to go home (or rather, a colleague said this on my behalf and I agreed since I just wanted to be with my family). I was told that, since it wasn't a close family member who had died Iwould have to take the day unpaid. I was in no state to stay in work so I went anyway.
    The following day, I was still too unwell to go in. I still hadn't slept, hadn't eaten and wasn't in any fit state to be teaching the children without bursting into tears or screaming at them in a rage if they misbehaved. I phoned in sick. This was a Friday.
    Over the weekend, my Dad, who was feeling much more practical than I was, suggested that I should be completing a self-certified sick note for Thursday and Friday given that I was unfit to teach on those days. I did this and handed it in on the Monday, dating my sickness from the Thursday morning until Sunday evening.
    This month, however, I have been docked a day's wages, presumably for the Thursday.
    Can the school just ignore a self-certified sick note in this way, when it clearly states that I was ill on the Thursday?
    Any advice appreciated ASAP
    Eva x x x
  2. Looks like they have gone with their original assessment that you were bereaved but not ill
  3. bnm


    It is possible it is an administrative error, so I would check if I was you.
  4. fantastischfish

    fantastischfish Established commenter

    So, my question stands: can they just ignore my self-certification form that clearly states I was too ill to work?
  5. fantastischfish

    fantastischfish Established commenter

    Ha ha, you've obviously not met out school bursar!
  6. It is against the law for any employer to ignore a self-cert sick note in the first 7 days. If the employer wishes to challenge the note they could arrange for a private examination at their own expense. They are not allowed to make their own assessment of an employees fitness for work.
    Clearly OP was suffering from stress and unable to work. I trust she will now inform her Union.
  7. So ... I am totally understanding that bereavement can make a person ill
    but, just to check

    If someone is at work and says "I am going home" and appears to be fit for work ...but then submits a self cert ... there is no challenge?

    NB ... I am certainly not saying this is the case here ... just asking re the general legal picture
  8. I think in light of the fact that it was initially put down as unpaid leave before you left the building on that day it's unlikely they'll change it retrospectively because you've put in a seperate request after the event. I'd be careful of pushing too hard Eva or you may find yourself arguing your way into 2 days of unpaid (if they deem that your reasoning for being off on the second was the same as the first). Normally bereavement is covered by compassionate for family members, the symptoms you were suffering were the same (I'm not saying your circumstances weren't as painful) but for death of friends it normally comes under unpaid and/or re-jigging of annual leave.

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