Hospital Issue

[GonadsAndStrife]

Hi I hope someone can help on this issue,

 

Recently my Dad was rushed into hospital and I took a few days off work to be by his side etc..

 

The company I work for are now requesting confirmation that he was in hospital.

 

They have already rang the hospital to verify this but were denied any info on the grounds of DPA.

 

Now they are requesting some form of documentation to state he was taken in.

 

A, is a company allowed to request this info?

 

B, If A is yes any ideas as to what I could provide to prove the fact?

 

C, If I cant provide any documentation are they allowed to withhold wages?

 

Kind Regards

GonadsAndStrife

[honeybee13]

Hello G&S, welcome to the forum.

 

I expect others who know more than me will be along later, but I do remember see this before on the forum. Are you saying you took the days as Compassionate Leave? Because I don't think an employer is obliged to pay you for an absence when it's not you that's ill. So it might be unreasonable for them to check the facts before they pay you, I'm not sure.

 

I don't know offhand how you might prove it, but someone will. Another option would be to take the days as holiday.

 

Could you tell us a bit more please?

 

I hope your Dad's OK now.

 

My best, HB

[RachelMD]

A) If they've reasonable grounds to suspect he wasn't, and therefore you were off work without good reason, then yes.

 

B) I think your best bet would be to ask your Dad to ask his GP/Consultant for a letter confirming his hospital stay. That might cost money, some GP's think it an expensive do to write a short note. If it will cost anything, I think it reasonable that your ER stand the cost.

 

C) Er, don't know. That would depend on the specifics of the situation. What are they witholding? Generally, an ER is on shaky ground witholding pay unless there's contractual or statutory provision that enables them to do so.

[GonadsAndStrife]

Hi HB

 

Thanks for the quick reply,

 

I am not to sure what the absence was put down as.

 

Holiday is not an option for theis issue as I have used all of my yearly allocation of holidays!

 

Regards

 

GaS

[GonadsAndStrife]

Ah thanks Rachel, that answers all of my questions perfectly

[papasmurf1cx]

prepare a letter, get your Dad to sign it, photocopy some paperwork that will have been prepared eg prescription (blank out the medication bits)

[suziebear67]

Taking time off for a dependant

 

Letting your employer know about taking time off

 

You can take time off regardless of your length of service. If you do need time off you should let your employer know as soon as you can, although you don't have to do it in writing or provide evidence.

If you return to work before you have had the chance to contact your employer, you must still tell them why you were absent.

[suziebear67]

What to do if you have problems

 

It's unfair to refuse you reasonable time off to deal with an unexpected event involving a dependant. It's also unfair to dismiss or penalise you, eg not giving you promotion or training.

If you are dismissed, made redundant or penalised because of the right, or if you are refused reasonable time off, you can complain to an Employment Tribunal. If your complaint is successful they may make an order for you to receive compensation, be re-employed or re-instated.

[suziebear67]

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10026555

 

i think i did that the wrong way round lol

[honeybee13]

Suzie though, we don't know if the OP's father is a dependant, do we?

 

My best, HB

[suziebear67]

very true hb

[diskmandave]

If you are an 'employee', you have the right to unpaid time off work to deal with emergencies involving a 'dependant' – this could be your husband, wife, partner, child, parent, or anyone living in your household as a member of the family. A dependant may also be anyone who reasonably relies on you for help in an emergency, for example an elderly neighbour living alone who falls and breaks a leg and you are the closest on hand.

 

Seems pretty straight forward to me HB.

 

Also agree with papa re: getting a signed statement from Dad.

Type it up for him and ask him to sign/print it.

 

Would also reiterate to employer that hospital cannot give out Dad's details

due to DPA and patient confidentiallity rules. I assume employer will be registered

in their own right with respect to the DPA so should reasonably understand the

implications of breaching it.

 

Hope it goes well. Best wishes, Dave.

[honeybee13]

You're quite right, DMD, I hadn't read it properly. I come from a background where 'dependant' means something else.

 

Thank you for the clarification.

 

My best, HB

[janb]

Hi

 

Love the name by the way! I can totally relate to your situation some employers have NO compassion.... i have had to take lots of time off work after my dad having mega heart surgery and i mean MEGA! Trying to look after both parents is a full time job at the min but i thank my lucky stars that i still have them both but as a result of taking time off i have been made redunadant/sacked......know where your coming from..... some people will help on here others will not if you need a chat pm me xxx

Hope it all works out

Jan

[papasmurf1cx]

Hi

 

Love the name by the way! I can totally relate to your situation some employers have NO compassion.... i have had to take lots of time off work after my dad having mega heart surgery and i mean MEGA! Trying to look after both parents is a full time job at the min but i thank my lucky stars that i still have them both but as a result of taking time off i have been made redunadant/sacked......know where your coming from..... some people will help on here others will not if you need a chat pm me xxx

Hope it all works out

Jan

 

Janb this is awful. There may be justification of the employers actions but you may also have been unfairly dismissed. In the Tribunal in my wife's case we had an allegation of Associated Discrimination. This is when an able person associated with the needs of a disabled person is discriminated against. Obviously the criteria is specific to the circumstances and, unfortunately, it is not fully encompassing to protect Carers but there is some protection. Have you consulted a solicitor about this?

[janb]

i have spoke to a solicitor but was about as much use an an ashtray on a motorbike........have now come to a compromise with my boss so upwards and onwards for now x