Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.
How long have you been off work with stress please?
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.
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