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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48488
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I sent in doctors note for stress anxiety my oprations manager

Customer Question

I sent in doctors note for stress anxiety my oprations manager says does not have to accept this and says he will only pay me while of sick ssp sickness for three weeks
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

How long have you been off work with stress please?

JACUSTOMER-zr1j7iie- :

since friday

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.

It is generally for an employer to decide what evidence they require of their employees when absent on sick leave. However, when paying SSP, they are not allowed to insist on a doctor's certificate for at least the first 7 days. After these initial 7 days, they may insist on a statutory fit note or other reasonable evidence.

The employer cannot just refuse your doctor's note and as a result refuse to pay you sick pay. If they are unhappy with the evidence you have provided then they should tell you what they would accept and if necessary even ask you to attend an appointment with an independent occupational health specialist. However, an outright refusal to pay you sick pay without justification and an opportunity for you to give them more evidence and details is unlikely to be fair and can amount to a breach of confidence by the employer. You need t challenge them over this, perhaps by raising this informally at first and then if necessary by raising a formal grievance with the employer so they are then required to formally investigate and deal with this issue, hopefully coming to a sensible decision over this.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much