Employer saying I'm unfit for work....

[sybtik]

Hello, hope someone can give me advice/help

 

I have worked in a call centre for 5 years now, more recently part time so I could go to uni.

 

In the last year I have suffered from depression and anxiety, which I have informed my employer about and it was arranged if I needed time away from my desk or time off it wouldnt be an issue.

 

I recently told my line manager that I felt intimidated my another senior member of staff but that I didnt want to take it any further and that I just wanted him to know that this was how I felt (we get on very well)....he has informed HR, whom have now become involved.

 

Today I had a meeting with HR, my line manager and a witness, which was meant to be about my health except HR came bounding in picking me up on terminology I had used when speaking to my line manager about being intimiated. She went on to grill me about my health, what my GP's diagnosis is, any medication, side effects, name dosage etc. I got upset half way through and walked out which she deemed to be 'unacceptable'. When I went back in to resume the meeting, she asked my permission to contact my gp for a medical report - at which point I asked why they felt it needed to go that far...her reply was due to my 'outburt' and then my line manager piped up, well yes you have been very withdrawn and we're concerned about you. I have already told them I feel able to come in and get on with my work if everyone would leave me be and stop asking if I'm ok every two mins! I felt like if I had said no I dont give permission for that, they would try and get me signed off/suspended for something else!! and ended up saying yes but regretting it now as I felt pressurised to make a decision there and then!

 

In the end they sent me home, paid, today as it had been 'emotional' and to come in as normal next week and that I would have another review meeting once the doctors report was back. HR said she would send me a form to fill in with relevant GP details - should I fill it in?? I dont see why this needs to be discussed with my GP, I have told them I have no problem at my desk and they havent had any complaints about me or my behaviour from customers or colleagues.

 

WHat do I do, I am really worried about this

[flower2]

Before anyone can receive a medical report from any doctor they need to complete a consent form which complies with the Access to Medical Records Act 1988. This gives you options to either

• decline,
  
• accept,
  
• accept providing you can see the report prior to being sent by your doctor - however the onus is on you to contact your doctor & tell them you want to see the report & you only have 21 days to this, otherwise it will be sent.
  

Also the posibilty is very high that if Hr are asking for the report they will not ask for correct questions, if OH are sending for it then that report is between you & OH your HR department should not see it.

 

Prehaps you may like to look up Access to Medical Reports Act 1988 on the internet.

 

I use to work in OH for a large company so if you need any further help, please ask.

[sybtik]

Hi Flower and thankyou for your reply. I dont understand this part of your message

 

Also the posibilty is very high that if Hr are asking for the report they will not ask for correct questions

 

Do you mean that HR wont ask me the correct questions in order to get access to this report or they wont ask the gp the correct questions? It is all going through HR, we don't have OH.

[flower2]

Sorry I didn't make my self clear. Usually HR are hopeless at asking the right questions to get a report that means anything.

 

I would suggest providing they provide a consent form that conforms to the Access to Medical Report Act 1988 then I would consent & ask to see the report before t is sent, you can ask for changes to made to it, but don't forget you need to know the date & contact your GP before the 21 days are up. That way you will get an idea of what they have asked & what the GP is going to tell them. I would bet my bottom dollar it will be worthless. You could even ask your GP for a copy of it.

 

Also next time you see your GP tell him what is happening & how it is making you feel.

 

Any company that fires/sacks anyone of with Deprression is opening a can of worms. There have been several court cases where the outcome has been that the company has made the depression worse by it's actions. They need to tread very, very carefully.

[sybtik]

Thankyou. I have already said I didnt have a problem with it but I will have a read of the Access to Medical Records Act. Should I email HR and request a correct consent form in line with this act - her parting words with me today were that she would send me a form to provide my GP's details.

 

They have made the situation worse, they don't seem to realise that if I was just left alone to get on with my work I would be fine....instead I just feel harrassed with all this nonsense!

 

Thanks again Flower

[flower2]

If you have not heard of the Access to Medical Records Act 1988 they have already not complied they need to explain what it is to you.

 

I would wait till you get it & if it helps post it up here with all your details omitted & I will have a look at it.

 

Don't worry too much at this stage, they have to get the correct form signed. If your GP gets a form that does not comply I doubt if he/she will reply to it & if they are that way inclined even send it back saying so.

 

Also while you are off have read of your terms & conditions, see what your T&C say about medical reports.

[sybtik]

Thankyou, I will see if there is anything from her on saturday morning when I am in. I will need to have a rake for my contract (its been put in a safe place after a move...) however I very much doubt there is anything in my contract about it as it was written by the same HR woman who really seems a bit out of her depth.

 

I will ask about the Access to Medical Records Act if there is nothing mentioned in her email when I get it.

 

Thanks again for all your help, hopefully get some sleep tonight!

[kurvaface]

Perhaps you should give your gp a heads up on this. Get their perspective too.

[BeauBrummie]

Just to give a more balanced view from a HR managers perspective, I have this year requested information about an employee using this guidance which I thought was usefull. My request gave me the answers that I was expecting for a small charge from the GP.

 

http://www.mindfulemployer.net/Requesting%20a%20Doctor's%20Report.pdf

 

Hope I am allowed to use this link in the interests of this thread and general knowledge:)

 

Beau

Edited December 3, 2009 by ErikaPNP
Post unaltered - Link approved

[sybtik]

Thanks Kurvaface - I have made an appointment this morning to discuss this with my GP.

 

BeauBrummie - I will have a look at your link

 

Thanks for your help everyone

[kurvaface]

There are some very knowledgeable people around here to help (Not me;)) so keep us updted.

[sybtik]

I will do, thanks....back in tomorrow morning so will see if HR have come up with some sort of consent form!

[ScarletPimpernel]

Before anyone can receive a medical report from any doctor they need to complete a consent form which complies with the Access to Medical Records Act 1988. This gives you options to either

 

 

Not quite accurate; the legislation is the Access to Medical Reports Act 1988, and it doesn't apply to 'any doctor', but to any medical practitioner who is, or has been, involved in the care of the patient.

 

A doctor who carries out an examination (a pre-employment medical, for example) would not be obliged to comply with the Act because he isn't responsible for the patient's care.

 

It's an important distinction, and one I discovered the hard way - beware of employers who send you to an 'independent' doctor just for a report.

[flower2]

Yes I agree with that but in this case I understand Hr are writing to her GP who does come under the act.

[sybtik]

Thanks. Was in work this morning and had nothing waiting for me from HR....not back til Thursday now. I don't intend to make this easy for them, its my word against theirs and I dont feel there is any problem or difficulty with me being at work.

[flower2]

Glad you have found some fight.

[shifty50dog]

The hr employee knows whats what dont trust them and dont consent to anyone having your medical data.Works gps and oh will do the companys bidding it happened to me when i allowed someone to read a medical document they made a copy without my knowledge or consent defaced it wrote on it and passed it around amongst themselves it involved a supervisor superintendant hr ero works nurse works gp.They all lied disgusting filthy people then hr did a job on me drove me out of my job and this company is huge it makes cars big cats in castlebromwich birmingham.The nurse and the dr are not fit to practise,

[sybtik]

Oh that does not sound good. I've discussed it with my colleague who came in to the meeting as my witness and she has said from where she was sitting as an outsider on this situation it sounded to her like they are trying to get rid of me in some way or another. I agree, and I do have another p/t job (with my degree which was why I dropped to pt there in the first place) and am hoping that it will become a more permenant fixture so I CAN actually (and finally!) get out of there. I still havent heard anything from HR, perhaps tomorrow I will have an email from her. Thanks to Flowers help I know what I am looking for and will not be agreeing to anything until I have a proper consent form. I am also going to my GP on friday to discuss this with him and give him a 'heads up'.

[sybtik]

Short update - Still nothing from HR - my line manager thinks she'll forget?! (such good practice isnt it). I've been back to see my GP and discussed it with him and he said he doesn't see any reason why I'm not fit to work and the main aim in my treatment is to make sure I continue to work, so told me not to worry about it!

[natalie]

Sounds like bullying to me. After you make a complaint about another colleague, HR ask for permission to contact your doctor and suggest you arent fit for work! Only to keep you hanging on and dont actually pursue it.

[WelshMam2009]

I was surprised that they wanted to contact your GP to be honest as my former employer insisted on sending staff to a supposedly "independent" Occupational Health Advisor.

 

("Independent" - so long as they told the employer what they wanted to hear!!)

[sybtik]

Thats exactly what I think Natalie, however *fingers crossed* I have an interview on wednesday and if I get it can tell them to shove their job!

 

Welshmam - Thats what I thought they'd do aswell but then again that costs money and why waste money when they can just bully you into leaving?! lol

[WelshMam2009]

Welshmam - Thats what I thought they'd do aswell but then again that costs money and why waste money when they can just bully you into leaving?! lol

 

Been there, so I do sympathise Sybtik...I can only advise you to keep a detailed record of everything and ensure you have a copy of any relevant paperwork with you at home.

 

Best wishes

[sybtik]

Thanks, I have kept a record of meetings etc as have my witnesses that came to meetings with me. Will keep you all updated with anymore shenanigans!

[sybtik]

Just a quick update! Still nothing from HR (bullying tactics all along I think!!) have got a permenant job elsewhere so it's my last day at the old place on Thurs. My boss seemed pretty annoyed when I handed my notice in on xmas eve so I think I may have ruined some more bullying plans they had for me in the new year....shame!!

 

Thanks so much to everyone that gave me advice