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A friend of mine is currently off sick due to an arm injury. He has cover from the doctor to remain off work until some time in April, however he had a phone call from his work to confirm that they would like to vist him at his home as was within there rights to see if there is any thing thaey can do. Are they allowed to do that ?

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Hi CD.

 

Most contracts of employment that i've seen do state the employers rights to a home visit, although this is usually for long term sickness. Is the injury a work related injury? Or done outside of work?

 

There could be a number of reasons for requesting the visit. IF your friend is still able to get to work for instance but is just unable to carry out their normal work duties then the employer could offer alternative lighter or different duties until such time as they can return fully to their own 'normal' employment. It could also be to get an idea of the likely period that your friend may be off for. I appreciate that he has cover until April but that's not a guarentee that they're returning to work in April - sick notes can be extended. The employer will be thinking about the amount of sick pay likely to be paid or the possibility of arranging cover maybe by agency staff for instance.

 

IMO it would be in your friends interest to participate in such a meeting or it leaves the employer in the position of having to make any decisions without your friend having the benefit of having their say or being party to the discussions which will leave the employer with no alternative other than to draw their own conclusions regarding your friends health/fitness status.

 

Anyhow, these things are usually done by the line manager and a 'friendly' employee/friend. Your friend will be entitled to have such a person attend or a witness or family member of their choosing.

 

Hope this helps,

 

Mike

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Hi in my experience home visits are quite common, however if for some reason you dont want them to visit your home quite often the employer is happy to meet on neutral ground. The employer has to say he will come to your house if you are off sick as it would be unreasonable to say he wanted you to come in for a meeting or suggest you meet elsewhere and anyone who is off for more than a couple of weeks should expect a visit as the employer has to show that he is not just ignoring your situation as there may be somthing he can do to help. really nothing to worry about

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Thanks for the replies so far. My friend is happy for them to attend, however is some what confused as to what purpose such a vist would serve as a doctor has already covered his absense. I had all ready indicated that he would be able for a friend to be with him at such a meeting and he is thinking about that over the weekend. Would it be reasonable to postpone the planned meeting for next week to the following week on the grounds of more time is required to request a friend/third party to the meeting. There is a degree of anxiety as to being on one's own at such a meeting as it is unclear if there will be more than one person turning up and a possibility of pressure being placed on him to return to work to soon and against the advice of a doctor who has clearly signed him off untill April anyway.

Edited by Consumer dude
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Thanks for the replies so far. My friend is happy for them to attend, however is some what confused as to what purpose such a vist would serve as a doctor has already covered his absense. I had all ready indicated that he would be able for a friend to be with him at such a meeting and he is thinking about that over the weekend. Would it be reasonable to postpone the planned meeting for next week to the following week on the grounds of more time is required to request a friend/third party to the meeting. There is a degree of anxiety as to being on one's own at such a meeting as it is unclear if there will be more than one person turning up and a possibility of pressure being placed on him to return to work to soon and against the advice of a doctor who has clearly signed him off untill April anyway.

 

Does your friend have or know any 'friendlies' from the place of employment, perhaps a colleague that is also a friend from the same place of work? Can be a colleague that attends too. But certainly should have a neutral of some sort in attendance.

 

As for putting it off i'm unsure of how to answer that. If I were the employer i'd probably be saying that by putting it off for another week would put you into April anyway. Please don't take that as 'judging', just trying to cover all angles :-). I'm no employment law expert but I am an employer so usually end up having to do these things myself.

 

Also, you said 'against the advice of the doctor' he may feel that he is being pressured back to work too soon. That can't and shouldn't happen. If he's signed off then he's signed off so certainly shouldn't feel pressurised. Has your friend asked what the purpose of the meeting is? I see no harm in asking such a question, after all, your friend has every right to be prepared and he can't do that without knowing what it is that they wish to discuss.

 

Mike

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________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Home visits are often made by line manager accompanied by someone from Occ Health I wouldnt ask for it to be postponed as it might look as if your friend was hiding somthing, I assume he has a reasonable relationship with his employers ? so they probably are covering their own backs in that they have kept in contact and will probably ask if there is anything they can do to assist his return to work, phased return slight change of duties on a temp basis etc.

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home visit which ever angle you look at it the employer does not have the right to come to your house without prior written request in a letter and even then you can refuse to see them, they are in fact tresspassing on your property if they turn up at your house without prior warning and most important without your permission, remember that!

 

you can refuse to see them as you have a gp note, the note is enough for your employer, them coming to your house is just another way for them to add pressure onto you!

 

they pretend to be caring but its further from the truth they are only doing this to protect their own back if you take them to ET

 

if you have a gp note, i would not allow them to come to your house and i would not even answer the phone and speak to your employer at all - let them sack you and then take them to et!

 

your employer coming to your house without prior permission and without your authorisation knowing fully well you are not well and have handed a gp note to work means your employer is breaking the term of mutual trust as in your contract and you can take them to court!

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If you have nothing to hide what is the problem in a visit? Some companies do actually care about their staff, and I have heard of so many people saying they were off sick and no one bothered to contact them so how can the employer get it right?

They have asked to visit not just turned up unannounced and not answering the phone etc as was previously suggested seems to be confrontational and really not necessary at this moment in time. Not all employers are bad in fact there are more good than bad, and the employee has a bad arm not a stress or similar related problem, dont start making mountains out of mole hills.

Edited by assisted blonde

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If you have nothing to hide what is the problem in a visit? Some companies do actually care about their staff, and I have heard of so many people saying they were off sick and no one bothered to contact them so how can the employer get it right?

They have asked to visit not just turned up unannounced and not answering the phone etc as was previously suggested seems to be confrontational and really not necessary at this moment in time. Not all employers are bad in fact there are more good than bad, and the employee has a bad arm not a stress or similar related problem, dont start making mountains out of mole hills.

 

Agree 100%.

All I ask is to be treated fairly and lawfully.

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Also agree. Good practice suggests that maintaining regular contact with an employee whilst they are incapacitated is wise so as not to make the absent employee feel cut off from work and colleagues. It is also advisable in terms of reassuring the employee and exploring ways in which a return to work can be made easier. Turning up unannounced other than to offer good wishes and trying to make the employee feel better might be out of order, but telling them to b*gger off as they are trespassing would be an extremely bizarre way of maintaining good relations, as would refusing a visit if they (as in this case) ask if it is OK to come and visit.

 

Yup - threaten the employer with an ET for visiting to enquire how your bad arm is - way to go! This is a LONG way from a breach of mutual trust and refusing to allow them to visit would simply breed suspicion. Allow the visit and see what they have to say by all means - if it becomes harassing then a complaint would be in order, but certainly not in the first instance.

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