Shielding and Sick Pay

[Tjay93]

Hi

As per per government advice, I have been shielding. They are currently paying me statutory sick pay and refused to put on the furlough scheme.

An an employee I feel like am discriminated against as am not choosing to work by choice.

I have been employed with the current employee since December. Since am getting payed SSP, when I do go back to work and need to take time off because of a flare up, I would have used all the entitled SSP.

My work place is in a residential home.

Right now I few defeated and powerless..what shall I do.

Many thanks

Joyie

[Hidden]

Hi there. This sounds like a real catch 22 and I hope someone can advise you on better than I can. All I can say us that I have a shielding letter and have worked for an agency for over a year so have been able to get furlough retrospectively.

If you have one of these letters too then I’m guessing the reason you can’t be furloughed is because you haven’t worked with this residential home for long enough - I think it needs to be for a year or more? Unless it’s local authority care home - in which case have you previously had a job with same LA? If so that might change things.

If you have a shielding letter you may not be able to go back to work for an extended period to the initial 12 weeks - especially as you work in a residential home. Are you a care worker or is the work anything you could arguably do from home eg secretarial / admin/ management?

Perhaps you need to phone welfare rights or if you are a member of a union seek advice. Or phone the DWP and ask them for advice on what to do when your SSP stops. Otherwise I’m guessing that you may need to accept SSP for now or resign and apply for universal credit until you are no longer required to shield. Sorry I’m not much use on all this but I think it will be the fact that you haven’t worked there for long enough that is the problem.

[happytulip]

I'd join a union if I were you or seek advice from them if you are a member.

They will be able to help you.

[Marieg2009]

So sorry that your place of work is And sympathetic I had the same problem working for a major retailer I was the store trainer and license to trade officer it’s just a shame that workplaces nowadays don’t take into account of illnesses we are all numbers now not people in workplace if you have a union will belong to a union seek help if not phone up citizens advice bureau they might be able to help you they helped me stay strong stay safe

[Paul_Howard Partner LUPUS UK]

Hi Tjay93 ,

I'm sorry to hear about your situation. Has your employer provided an explanation for not furloughing you? There is no good reason not to do it as they will be able to reclaim 80% of your salary.

As others have suggested, if you are a member of a union it may be worthwhile contacting them.

[Tjay93 in reply to Paul_Howard]

Hi Paul

They said “shielding employees are entitled to SSP as they are deemed incapable of work for the shielding period”

Apparently, I can’t contest they decision, as it’s up to the company furlough they staff or not. 🙄

[Paul_Howard Partner LUPUS UK in reply to Tjay93]

When the government's Coronavirus Job Retention Scheme was first announced for some reason shielding employees would only be eligible if they would otherwise lose their job. That is no longer the case;

gov.uk/guidance/check-which...

If your employee is shielding

Employees who are unable to work because they are shielding in line with public health guidance (or need to stay home with someone who is shielding) can be furloughed.

The alternative to furloughing is to use your contractual sickness policy (and if they don't have one, to use SSP). If you would usually be paid more than SSP for sickness, your employers are currently in breach of your contract.

As I said before, there is no reason your employer should not furlough you. It is costing them more to pay you SSP.

[SurferGuy]

Tjay93 this really is an odd one. If you've worked for a certain period of time, you should be able to get the furlough option. And as Paul said, it makes no sense at all for your employer to opt for SSP rather than furlough.

But then I do also see the flip-side in that, if you are unable to do the job due to shielding, furlough may not be a legal option.

The government have a special department setup for this. Check the eligibility on the link below and contact them if necessary. You may have a long wait, but at least you'll have piece of mind

gov.uk/guidance/claim-for-w...