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MEOB

Lost job because of Swine Flu?

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I work part time as a waitress and I only work 2 shifts a week. A couple of weeks ago my 5 year old son got Swine Flu.

 

I called my employer and we agreed that I would not come in for my two shifts that week but I asked that they rota me as usual the following week. The following week I called again and my employer decided that I should not attend, despite not having any symptoms myself.

 

Now it is the third week. My son has returned to school and no other family members have become ill. I have called my employer to check I am on the rota to work this week, but I am not.

 

Having spoken to my manager I am being told that I cannot return to work without providing a doctors note to them confirming that I am well.

 

My GP will not provide such a note.

 

Can my employer make this demand of me? I have not been ill or signed off work. I feel that I am in an impossible position and that I have effectively been sacked. What can I do? Please help!

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Thanks for the links, but this only states what employers should do, it doesn't help me in my particular situation as it doesn't explicitly say that an employer cannot refuse me work based on my son previously having Swine Flu.

 

Currently my employer won't let me work without a note from my doctor and my doctor refuses to provide one.

 

He has given me a letter telling my employer that they won't give me a letter and directing them to the government advice, and also pointing out that the request is diverting resources away from patient care!

 

Somehow I don't think this will placate my boss!

 

Surely it is unfair to stop me working simply because my son was ill?

 

I should say that I don't get paid if I don't work, and so this is seriously affecting the household budget.

 

Can someone help?

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Hi Meob,,

 

Sorry to hear about this.

 

Just taking one part of your OP - I would re-visit your GP and demand a 'fit-note'.

 

Now I know perfectly well that currently no such thing as a fit note exists (although it may in the future).

 

In my experience most GP's are happy to scribble on a piece of paper that you are fit to work given the key components of your job.

 

With aforesaid note you return to work, and then if your employer says you cannot work then you should be medically suspended and thus on full pay.

 

To be honest without a reasonable belief that you are currently unfit for work your employer should not be refusing you work anyway.

 

Che


...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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