Where does he stand?

[donna26]

Hi
My husband has been off sick since christmas, and is waiting to see a specialist.

First of all, a member from H.R and his line manager turned up at our home, completely unannounced to 'see how he was'. Clearly they know he is not well hence the doctor signing him off sick (and trust me, he would be going to work for me if he wasnt!)

He has received a letter saying that he is invited to attend a meeting with the HR woman and his line manager to 'discuss' his current situation (I have a feeling they are looking at finishing him personally).

However, there is nothing in his handbook which states he must or mustn't attend, there is nothing in the letter to say he is allowed anyone with him as a witness etc. He isn't well enough to work, so he isn't well enough to go in and have meetings either.

Does he have to go to the meeting?

Also, they want him to have a medical by an independent source, but he is moaning about that, because he is sick of doctors at the moment, and as he says, they are welcome to communicate with his GP, because he hasn't just seen the same one, he has seen about 5 at the surgery, who have all said the same thing.

Many Thanks
Donna

[tiglet]

IMO, if he is medically unfit to attend work, he is medically unfit to attend a meeting.

Does he have his contract of employment or company handbook? What does that say about long term absence due to ill health?

[Sidewinder]

Managing absence is always particularly difficult for both employer and employee. Some of what you have said above appears to be in order, but equally some seems rather questionable and may not do much to improve your husband's health.

The ACAS guidelines on managing absence state:-

To manage long-term absence:

- keep in regular contact
- use occupational health and seek medical advice
- be clear about arrangements for sick pay
- conduct return to work interviews
- develop a 'getting back to work' programme
- dismiss fairly (after a proper investigation).


It could therefore be argued that in turning up to 'enquire as to your husband's welfare' might be the action of a caring and compassionate employer! I would have thought though that a phone call would be more appropriate.

Unfortunately I am inclined to agree with your suspicion that the employer is starting to push the issue of returning to work. I don't neccessarily think that they are thinking of dismissal at this point, but there are several steps which they have to comply with now which they would have to show that were carried out if the case were ever to result in capability dismissal.

I would say that it is a little premature to be talking about a meeting at this stage whilst he is still undergoing treatment. On those grounds alone, he would be entitled to decline their invitation on the basis that until there is an improvement he is not in a position to discuss a return to work, although depending on the nature of his illness, they may also wish to explore the 'reasonable adjustments' requirements of the DDA. I also feel that it is somewhat irregular to be talking about an independent medical examination without firstly obtaining a report from your husband's own GP, and he might wish to suggest that whilst he has no objection in principal to the company seeking medical opinion, he is willing to grant permission in the first instance to approach his GP as his involvement has been over a longer term. Of course it is worth pointing out that your husband is not obliged to grant permission at all, although this could be interpreted as the employer sees fit.

I hope that your husband's condition isn't stress related, or else the employer could be open to an accusation of having inflamed the situation. Just as a point of reference, ACAS guidelines are as follows:-

How do you deal with long-term sickness?

If you are dealing with an employee who is on long-term sick absence you will want to consider the following:

• in the opinion of the worker's general practitioner/medical consultant, or of the organisation's doctor, when will a return to work be possible?
• would a phased return – working part-time or flexible hours – help the employee to get back to work?

• will there be a full recovery or will a return to the same work be inadvisable?
• could the employee return if some assistance were provided? Could some re-organisation or re-design of the job speed up a return to work?
• is alternative, lighter or less stressful work available, with re-training if necessary
• is there a requirement under the Disability Discrimination Act 1995 to make a reasonable adjustment?

When you contact a GP or consultant for a medical opinion on an employee's health, make sure you tell them what the employee's job entails before asking any questions.
Always keep the employee fully aware of his or her position. Knowing there is a job to go back to can help relieve anxiety. In some cases, it may be appropriate to simply keep in touch with the employee and give them the time they need to recover. This is particularly true where there is a possibility that the illness has job-related causes.

Can I dismiss an employee while on long-term sickness?

Only as a last resort once all other options have been considered. Before making a decision, think about all the factors mentioned earlier – such as reasonable adjustment, flexible working, job design, a phased return to work, etc. You may have to satisfy an employment tribunal as to the fairness of your decision.
After long absences, particularly those caused by work-related accidents, there is often a fear of returning to work. An understanding approach, coupled perhaps with part-time working at first, can help build up confidence and a return to normal performance. If the job can no longer be kept open, the employee should be told. You may find it helpful to seek advice from the Disability Service Teams whose addresses can be obtained from Jobcentre Plus offices.
You must, as a minimum, follow the statutory dismissal and disciplinary procedures if you wish to dismiss an employee.


How can I help an employee return to work after a long absence?

Employees are often understandably anxious about returning to work after a long absence. They may have lots of questions to ask you. For example:

• has the working environment changed? If the sickness was work-related they may be concerned about using the equipment. Have you reviewed your risk assessment?
• could you make reasonable adjustments? If they are disabled, or have become disabled, you are required to make reasonable adjustments to help them back to work
• what do my colleagues know about my absence? Reassure the employee that all discussions and paperwork about their illness have remained strictly confidential. Ask the employee how they wish to handle the subject of their absence with colleagues or in team meetings etc.

Employees need to be reassured that you have given some thought to their return to work. Talk to the employee and their colleagues and work out a 'getting back to work' programme. This might involve:

• shorter hours in the first few weeks or flexible hours
• catching up on any new developments within the organisation
• training on new equipment or new processes/procedures

• a friendly chat about what's been going on at work – for example, any social events they may have missed or that are coming up.

What can I do about stress and mental health problems?

Stress and mental health problems are common causes of sickness absence – particularly long-term sickness. The Health and Safety Executive (HSE) has developed a set of 'management standards' to help employers tackle stress. They identify the six chief causes of stress as:

• the demands made on employees
• the level of control employees have over their work
• nature of the relationships
• the support employees receive from managers and colleagues
• the clarity of an employee's role within the organisation
• the way that change is managed.

[Surfer01]

Originally Posted by donna26

Hi
My husband has been off sick since christmas, and is waiting to see a specialist.

First of all, a member from H.R and his line manager turned up at our home, completely unannounced to 'see how he was'. Clearly they know he is not well hence the doctor signing him off sick (and trust me, he would be going to work for me if he wasnt!)

He has received a letter saying that he is invited to attend a meeting with the HR woman and his line manager to 'discuss' his current situation (I have a feeling they are looking at finishing him personally).

However, there is nothing in his handbook which states he must or mustn't attend, there is nothing in the letter to say he is allowed anyone with him as a witness etc. He isn't well enough to work, so he isn't well enough to go in and have meetings either.

Does he have to go to the meeting?

Also, they want him to have a medical by an independent source, but he is moaning about that, because he is sick of doctors at the moment, and as he says, they are welcome to communicate with his GP, because he hasn't just seen the same one, he has seen about 5 at the surgery, who have all said the same thing.

Many Thanks
Donna

This wouldn't happen to be an International company based in Worcester as these are the same tactics they used on my wife but luckily we belong to GMB so it was game over for them befiore they even started!