My company want me to accept private healthcare Insurance whilst signed off sick

[mickb]

My company recently told me that I they have applied for Private Healthcare Insurance payements on my behalf as I am signed off long-term sick following a car accident. They have also stated that if I decline to apply for this, they will have to consider my ability to return to work in my absence and decide on my future or my position within the company. They have NOT consulted me on this at all until AFTER the application process had been started, and will NOT supply any information on this OR a calculation on what will be paid as requested by Tax Credits and Incapacity Benefit people but I also now have to pay for copies of my birth certificate or passport to process applicaiton. Is this fair or even legal?

[buildersmate]

There are a few things not explained. Answers to these please, then we can advise.

Does your employer provide you with this healthcare insurance as part of an employee benefit?
Are you being paid by your employer normally as part of its sick pay scheme during your absence from work?
Why would one not want to make an insurance claim or receive treatment under insurance or other benefit provided by such a scheme, in order to maximise one's chance of an early return to work.

[factor-fiction]

How long have you worked there? You give the impression of being offended by the company's action and not seeing things from their position. If you are not careful you may find they take action against you on grounds of incapability due to absence, and if you are a fairly new employee they can probably just dismiss you.

[mickb]

OK, here goes...
I have worked for the company for 2+ years, and this is a benefit I did NOT know about, until HR contacted me with an application form.
it is something provided by the company but not paid into by me.
I am concerned that the company has done this after having a meeting to dicuss my current status, but have not informed me that they were doing so, and have not informed me either in writing or by email that this course of action was going to be undertaken.
Also, I have asked for a calculation based on my current wages, as they have stated I will receive 66.67% of it minus my current incapacity benfit awrd and the rest is taxable (meaning it WILL affect my tax credits award), but they will not supply the actual figures, meaning that I cannot update either tax credits or incapacity beneift, meaning that this could/will affect my financial situation, but I do not know the extent of the affect.
I think that the company has acted unfairly in this, but need to clarify if they are allowed to make such decisions without consulting the eith me first?
On reviewing this, it would seem to be a good thing, but without actual examples of how much it will be, I am concerned for the outcome financially and cannot make an informed decision.
They have also stated that were I to decline this, they would have to consider my position within the company based upon a "capabilities study" of my current status.

[buildersmate]

There are some parts of your response I don't understand (the finer points about incapacity benefit and tax credits).
Looking at from the employer's point of view, i would expect the priorities to be:
1) working with the employee to get him/her back to work ASAP
2) minimising the employers financial loss of the employee being absent - especially if the company is buying insurance against this.
You don;t say anything about when you are expecting to go back to work in the posting - though one assumes you've discussed this with your employer.
If the employer is doing this pursuant of point 2) above - to minimise its financial loss - I can understand it. However I would agree with you that I would have expected to advise the employee that I was doing it.
If doing 2) above was going to impact the employee's income I would tell him so, but i would feel that any arrangement that employee has with the Benefits Agency is down to him. I would feel somewhat narked (as an employer) to have the employee asking for calculations including the benefits side of things. I would be looking for the employee to be concentrating on getting back to work even part-time ASAP (which maybe you are doing).

[Twenty20]

I dont wish to be rude but it seems youre complaining about only getting 60% of your salary whilst being off work sick long term. I'd look on the bright side. Many people only get the minimum statutory sick pay whilst off sick, about �12 a day.

I would imagine this insurance backed scheme just kicks in when people are off sick, maybe after a certain number of days. It should say in your contract or T&C what the sick pay arrangements are.

I'd look on it as a positive thing that you'll be getting paid while off work.

[mickb]

Hi people, and thanks for taking the time to respond, i really appreciate it.
Basically, the issue is that without a valid calculation based on my earnings, I cannot go to the benefits agency or tax credits with a figure, which they are demanding.
My medical consultant is talking years for recovery time, which is why this is happeneing, but my concern is that the company will NOT release ANY information on this process until AFTER the application has been accpeted, meaning that it WILL affect me financially, and there seems to be NOTHING i can do to prepare for it, or have any idea how it affects me and my family.
I want to return to work, but with my current health and injuries, I cannot, and my doctor thins it will be another year before I can confortably.
To sum up, I have been informed in writing that unless I apply for this, which will affect me financially, with NO information on how, my position within the company will be re-considered, meaning if I apply, I may well suffer financially, if I don't, then my career may/will be re-considered!
What do i do?

[mickb]

As an adendum, I am looking at it as a positive thing, but how it affects me and my fmailly financially (as ultimatey it will!) concerns me greatly.
I will apply (or I could lose my job over it) but without an idea on what will happen, I am understandably concerned for the outcome!

[buildersmate]

Thanks for the additional information. I suspected that the timescale was lengthy because of the mention of incapacity benefit.
I think my answer of 20:08 last night sums up what the employer is doing. It is good to know that they are supporting you, and please believe that you are very fortunate to have an employer willing to do this for so long. The very best employer I have ever experienced kept a long-term sick employee supported for 2 years before retiring on capability grounds.
Your employer appears to have 'mitigated' their financial risk by taking out this insurance policy - which you knew nothing about. I do feel that you have to co-operate with them. The impact that the change of funding may have on your ability to claim other benefits from the State is, I believe, a secondary issue to the employer. I think that this is reasonable behaviour by the employer. However I do think that it was poorly explained to you.
Your original question asked 'it is fair or even legal'. Ultimately your only route to testing the legality of it (which also tests the fairness) is through Employment Tribunal in cases where one has been dismissed (you haven't) or when one's T&Cs have fundamentally been altered (I am thinking change in salary here). But the company hasn't changed your salary out of line with your contract - the change occurs through your ability to claim top-up payments via the Government Agency.
That's my take on it - others may differ - you could also phone ACAS for a view.

[mickb]

buildermate - thanks for trying to help me out.
My main concern was the effect financially it will have on me and mine, but as the company seem to be taking this into consideration, I guess I have ot go with the status-quo for now.
Until it is accepted by the insurers, then nothing is set in stone, and I will have to wait for the reply with a costing BEFORE i can sort out the financial effect.
I want to thank everyone for showing an interest in this and for replying, thanks people.
On summing up, I will apply, wait for the results and work out the implications form there, and if they affect me too greatly, take it up with the company and see what happens.

Thanks again people, especially you buildersmate!