Hello

I am new to this forum I really need some advice. I am currently on long term sick leave from my job as a GP's receptionist. There is no likelihood of me being able to return in the near future and my latest certificate from my GP covers my absence until 10th August 2015.

My GP is being very supportive and I am on medication and have been referred to specialist services where I have had my initial assessment and I am on a awaiting list for additional treatment.

I know that my long term absence has an impact on my employer, I feel guilty about this, but it does not change my ability to work, I have not control over my condition at the moment. I am in receipt of SSP, my employer does not offer any occupational scheme, and I have asked them to provide me with an SSP1 form as my SSP is due to end soon.

I have now received a letter informing me that a meeting has been booked for this Thursday 2nd July and that I need to attend to discuss my sickness in detail.

The meeting will be with the partners (husband and wife team) and the practice manager, and I can bring a colleague or union representative.

The reason for my absence is anxiety and depression and there is no way that I can attend this meeting at my place of employment. It would not be fair to ask one of my colleagues and I am not a member of a union. I am concerned that although the letter I have received states they want to assess my ability to return to work, I think that the senior partner in particular wants to assess my illness.

I am very vulnerable at the moment and I am seriously considering resigning as there is no way I am well enough to work in any job let alone the stressful one I have. The senior partner is extremely dismissive of his staff, he is basically a bully and has made things difficult for staff members who have handed in their notice to leave to go to other jobs, and he has made things difficult for other colleagues who have been off ill.

I don't know what do. I am going to ask that they given me more time to get advice and I want to try and see if my local mental health team can offer me some support. I cannot attend this meeting alone, my husband has said he will attend with me, but I know my employer will not allow this.

The senior partner has made it clear to one of my colleagues & immediate line manager (who is the only person from work who has been in touch with me before this letter), that he doesn't believe my illness is genuine and he has even threatened not to pay my SSP, which he hasn't done.

What should I do? I am so stressed which has made my anxiety and depression so much worse over the last few days, I am not due to see my GP for another few weeks, not sure whether I should go to him to discuss my fears.

My employer has not asked to see a medical report, although he has on several occasions told my colleague to inform me he will be doing this if I do not return to work. I have no problem with agreeing to access to my medical records as both my GP and the local mental health services information on medical record would back up my version of how I am feeling at the moment.

I feel that I am being forced into to making a decision I do not have the mental capacity to do so at the moment, I feel bullied, and paranoid.

Any advice or opinions would be appreciated. Sorry if this post is long and rambling, it has taken me ages to write.

R

Hello Rosekin, I can't reply properly because I am at work just now but saw your message - try not to worry (I know!), I will reply this evening, yes you can request some changes!Hopefully someone else will be along soon with advice tooxx

Rosekin,

I'm a PM. One thing to be very aware of is that GP's ideas around correct HR procedures are often as far from correct as is possible. Make sure that you seek advice on every stage of your journey here, perhaps from CAB or ACAS.

Hello,

you should totally go back to your doctor. If he believes you are too unwell to attend, he can issue you anther fit note stating that as a limitation.

I would ask for an Occupational Health referal if I were you; if the business thinks you are malingering, then it needs a second opinion!

You could also

- ask for the meeting to be held off site - for example, many companies would hire a meeting room in a conference centre or hotel

- ask if your spouse may accompany as you would find that less stressful than a colleague

But ask IN WRITING - post it from 2 different post offices, and get a proof of posting, What you are doing here is making it obvious that you are establishing an audit trail.

Does that help?

Thank you for that. I know that my employer in general doesn't follow the 'rules' as it were when it comes to employment law, I have witnessed how he has treated people in the past, not pleasant, which does make me want to stand up for myself, if only I felt strong enough. Will contact ACAS and CAB today.

I appreciate your input.

R

Hello,

 

you should totally go back to your doctor. If he believes you are too unwell to attend, he can issue you anther fit note stating that as a limitation.

 

I would ask for an Occupational Health referal if I were you; if the business thinks you are malingering, then it needs a second opinion!

 

You could also

- ask for the meeting to be held off site - for example, many companies would hire a meeting room in a conference centre or hotel

- ask if your spouse may accompany as you would find that less stressful than a colleague

 

But ask IN WRITING - post it from 2 different post offices, and get a proof of posting, What you are doing here is making it obvious that you are establishing an audit trail.

 

Does that help?

Hi Emmzzi

Thanks for that it does help. To be honest you have confirmed most of what I had thought to do and to ask for. As far a Occupational Health is concerned I doubt my employer would use them, although he is contracted to the NHS the business is his, he does what he wants when it comes to employment law and I have witnessed this with other colleagues, none of which have ever stood up for themselves they just leave. As for hiring a neutral venue, that would never happen, it took him weeks to provide petty cash to replace a broken toilet seat in the staff toilet, this is the sort of person I am talking about. I will compose a couple of letters today, initially I am going to ask for extra time to take advice and see my GP as I am not well enough to attend any sort of meeting at the moment at this stage, I just want to inform them that I cannot attend on 2nd July.

If I felt stronger in myself I would be more than capable to stand up for myself, but sadly my current mental health issues have crushed my confidence when it comes to dealing with people face to face or over the telephone, I have made my employer aware of this, and I think this may have prompted him asking for a meeting now as he will think he can railroad me into resigning. I have only been with them for just over a year, I have never worked anywhere like it, the amount of extra work I have had piled on to me in a short space of time is ridiculous, and although work stress is not the only reason for my poor mental health it has not helped at all, I am sure my employer doesn't really want me to leave because when I am well I am really good at my job, but he is the sort of person who thinks his staff are out to rip him off and that if they 'let him down' then he can just get rid of them.

I really appreciate you input, will let you know what happens next.

R

Even if you think he will not provide it, ask in writing for an occupational health assessment. This is so you can show later you were willing and he refused, if needed.I do hope you are looking for toher jobs, he sounds awful to work for!

Even if you think he will not provide it, ask in writing for an occupational health assessment. This is so you can show later you were willing and he refused, if needed.I do hope you are looking for toher jobs, he sounds awful to work for!

He is dreadful, a real bully. I am not in a position to look for other work at the moment, not well enough and I do not know when I will have recovered enough, need to get my treatment under way, I am on the waiting list, but it is quite long so I just have to wait. I am considering possibly working for myself in some capacity, that is a option I have thought about for a long time.

Thanks for your advice and support Emmzzi.

Take care

R

Well letter done and sent 1st class signed for, informing my employer I cannot attend the meeting in two days time, that I will be seeing my own GP again as soon as I can get an appointment for advice, asking that any meetings scheduled for the future, if and when I am well enough to attend, to be with an OH representative and at a neutral venue and that my husband is able to attend to support. Requesting the SSP1 form they need to give me (again), letting them know I appreciate their side of things and I know the situation cannot go on indefinitely, but also, that I have followed all of my GP's recommendations when it comes to medication and practical treatment, that I have researched additional support online and that I have also been accepted by local NHS specialist service for additional treatment, but that I am subject to NHS waiting lists and cannot do any more than I have to help myself recover.

Ball back in their court now, let's see what happens.

R:|

let me be blunt here so you don't get wrapped up in the magical world of "how I think these things should be handled". I do not mean this sarcastically, I'm just trying to bring your feet back down to the ground

Well letter done and sent 1st class signed for, informing my employer I cannot attend the meeting in two days time, that I will be seeing my own GP again as soon as I can get an appointment for advice,

Legally your opinion on your fitness to attend this meeting is irrelevant, they need to consider your GP's opinion only.

 

asking that any meetings scheduled for the future,

Fair request but without a GP report they can hear it in your absence without too much worry

 

if and when I am well enough to attend, to be with an OH representative and at a neutral venue

They only need to provide the OH report, you cannot force the OH person to be there, they may or may not agree, as long as the report in there it's up to them if they agree

 

and that my husband is able to attend to support.

some employers may allow this but they can say no and often do

 

Requesting the SSP1 form they need to give me (again),

fair enough they must provide this

 

letting them know I appreciate their side of things and I know the situation cannot go on indefinitely, but also, that I have followed all of my GP's recommendations when it comes to medication and practical treatment, that I have researched additional support online and that I have also been accepted by local NHS specialist service for additional treatment, but that I am subject to NHS waiting lists and cannot do any more than I have to help myself recover.

 

Always good to see an employee try but ultimately if you can't turn up for work for whatever reason the longer it goes the easier it is to dismiss you. If they can show they tried to help and warned you formally before dismissing it will be a fair dismissal

 

Ball back in their court now, let's see what happens.

I'd advise you look at if you actually are going back there at any time soon, if so you make this clear to them, the longer you say "i can't" the easier it will be to terminate your contract.

 

I offer no help from the support of your condition because i do not know how to, i do offer help in how the law works, the rest is up to you where you go next as currently the information you have put foward shows your employer has not done anything illegal or unreasonable

R:|

Good luck but in my experience the key to these cases is getting yourself back in work as quickly as you can and showing this during formal meetings. Anything else leaves you open without clear medical reports that back your position and offer a timeline where you will be able to go back to work.

let me be blunt here so you don't get wrapped up in the magical world of "how I think these things should be handled". I do not mean this sarcastically, I'm just trying to bring your feet back down to the ground

 

 

 

Good luck but in my experience the key to these cases is getting yourself back in work as quickly as you can and showing this during formal meetings. Anything else leaves you open without clear medical reports that back your position and offer a timeline where you will be able to go back to work.

Thanks for your input. To be honest, I understand that they can and probably will terminate my contract due to long term sickness, this is something I would not fight as I understand their position. If they have held the meeting in my absence today and decided this then, fair enough, although they have not at any point asked to see my medical records or asked for additional medical reports or information from my GP or the specialist mental health service that have accepted me as a patient. I have no idea how long it will be before I am able to work again, my GP is of the opinion that this needs to be reviewed in 7 weeks time. My recovery is dependant on receiving additional therapy, for which I am on the waiting list, along with the medication I am taking, and support. I am not being supported in anyway by my employer and as he is a GP I am sure he believes that he knows better than my own Doctor, which is not the case. Mental illness recovery is very difficult and is a long road, relapses are common being forced or pressurised into situations does not help a suffering in their recovery. I know I have a long road ahead of me.

R

In the past (4-5 years ago) i would have said approx 12 months from start of absence to dismissal was the norm for sickness which was clearly backed up by medical advice and genuine reasons for the person being unable to work. Some went higher, some lower but i'd call that a fair average.

With the last and current governments i would not be surprised if tribunals were allowing less time between commencement of sickness and dismissal but this is guesswork from me, semi-confident guesswork seeing how many other employee rights have started to deteriorate.

As long as your aware that no likely return means with every day your more likely to be dismissed for absence, it's one issue you can tick off your unresolved list!