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Since January 31st I have been placed on 6 months sick leave due to Spinal Stenosis. I am entitled to 6 months full pay and 6 months half pay whilst off sick as the terms and conditions of my employment. My 6 months full pay has almost finished and my company are already hassling me to attend a meeting to discuss when I am returning to work? I have not yet seen my hospital consultant until next month so therefore am in no position to discuss a return to work date.

 

I have not had my 6 months half pay yet either. I must say if you read my other threads previously that I have not been left alone in the 6 months I have almost had off!! I have had continual pestering. I have been asked to consider my on going employment with the company too. I feel stressed out and my GP says I am in no fit condition to attend such a meeting.

 

What would you guys advise me to do? I have wrote to the company and told them that no such decision can be made until I have seen the Hospital and reminded them that I have not had my 6 months half pay yet either so it is wrong to keep on hassling me.


What will be will be and none of us can change the course of history or human nature:wink:

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Hi,

 

Google:Mc Adie v Royal bank of scotland.2007.

 

How have you changed your font size???

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Hi madari thanks for your answer I have googled it and had a look. To be fair my employer did not cause my illness but the hassle that they have since given me since being off work has contributed to how my well being is at the moment. I have been discriminated on grounds of my disability in the first place and had to to prove I was disabled, badly enough to warrant a Blue Badge and to prove this to them also by means of a copy of my Blue Badge.

 

I have had all manners of things emailed to me and asked of me too including a letter that went to my GP asking him if I was on a disabled register! he told me that he found this inappropriate and I did not agree to his answering their question. He accused my GP of falsifying sick notes and my asking him to just place on it what I wanted and I told my GP this too who said my employer needed to be certified.

 

I have since found out that other employees off longer than I have been have NOT been called in to discuss their future employment. I find this discriminating too in so far as the fact that I am disabled and have been for a great number of years.

 

I changed my font size on the fonts and sizes tab when you go to give a quick answer.


What will be will be and none of us can change the course of history or human nature:wink:

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Hello there.

 

Here is a link to your last thread in case it helps the people trying to advise you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?349542-Help-required-with-keeping-in-contact-with-employer-whilst-off-sick

 

I wonder if madari's point about the font size might be that it's not easy to see all of your posts at one time, which I also find a bit distracting. You may have sight problems, in which case fair enough obviously, but normal size font in black usually works well.

 

I don't think you can expect to have no contact with your employer and if they're paying you, they must have some entitlement to know that you're still to ill to work and therefore need the half salary sick pay. What checks would you expect a reasonable employer to do?

 

My best, HB


Illegitimi non carborundum

 

 

 

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You say that other non disabled employees haven't been called in to discuss their future employment, but I'm fairly certain a non disabled employee who was absent from work for 6 months through illness would be questioned in the same way. Your employer is entitled to try to find out when you're likely to return, if done in the right way.

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Thank you honeybee and becky for helping me. honeybee to answer your question "what checks would you expect a reasonable employer to do?", I expect them to get their facts straight and to not send me to a doctor before the relevant scans have taken place and then asking for his medical opinion when he clearly did not have them in front of him. I also expect them to stop digging into my history, I have told them all they need to know and if they require more than that then they must obtain it from another source i.e. another doctor at their expense.

 

becky the non disabled employee HAS not been called in for any questioning what so ever. She has been off work for more than a year and has no contact with them at all. My employer is not paying her any more but she remains on the books. I on the other hand have had nothing but hassle, I expect it is because they are still paying my wages for now. I speak to the other employee on a regular basis and she keeps me informed of her developments as do I.

 

Before being TUPE to a new employer who has to adhere to the TUPE rules and regulations, the rules of being off sick were that the employer is allowed to ring you up whilst you were off sick on what is termed a Welfare Call, they were not allowed to ask you to continually ring them or email/write to you and pressurise you to come in and see them. This ruling still stands.

 

Personally though it would be for the best that once I know how my position is medically then I simply tell them that I want a Capability Dismissal on the grounds I am no longer able to carry out my job, I have been told this in March by the Consultant Rheumatologist and she wrote a letter to that effect which I have in my possession. When I see my Spinal Surgeon I shall ask them the same question and I figure that I will get the same answer and then I can approach my employer and let them know what has been said. I now have another added condition since I came off sick which has been caused by stress and have been referred to see a consultant for this as my GP says that this is quite serious and he cannot treat this.

 

Thank you both though for advising me. honeybee by the way I wear glasses and it is better for me to make the letters larger so I can see them.


What will be will be and none of us can change the course of history or human nature:wink:

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It sounds to me like you have already decided your going to finish and are working your 6 full 6 half ticket

 

You already have a medical opinion that you can't work according to your last post which you have not chosen to inform your employer of. Why your doctor feels you are incapable of meeting with your employer for a back condition is beyond me unless this is related to stress.

 

Bottom line is a contract is very simple in the grand scheme of things, you agree to turn up and work for them, they agree to pay you to do so, just because your sickness scheme allows 12 months cover it doesn't mean you get to take the ride without some turbulence along the way. It's a sickness scheme not an incapacity scheme, you are bound to discuss your sickness and likely return with your employer, if there is no likely return they can start the process of dismissing you.

 

That is why you should be speaking to them explaining that your currently unable to work but this is with a view to returning to work as soon as you can, once you pay runs out do whatever floats your boat ;)

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What do you mean by continual harrasing is it phone calls weekly/monthly or letters? I was off for nearly a year and probably had contact with my employer and occ health every couple of weeks i didnt consider this excessive even though I had submitted sick notes for 3 months at a time and was (and still am) terminally ill.

It is difficult for an employer arranging cover for a member of staff on long term sick, and if they have had to employ someone on a temp basis to cover the work then it is only fair that the temp employee also has some idea of how long the job may last.

I cant see why you wouldnt allow your dooctor to answer your employers questions, as I would say if you have nothing to hide whats the problem.


If I have been of any help, please click on my star and let me know, thank you.

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Atlas01 and assisted blonde thank you for your input. I have contacted my employer and asked them to hold off any such meeting until a report off both my consultants is available, this will be by the end of July when my sick note runs out.

 

Atlas01 you are correct in what you have said that I do not want to return to work for this particular company but, I do hope to work in a part time capacity elsewhere with the skills I have acquired before I joined my company. I have since been awarded High Rate Mobility and Low Rate Care from DLA but have not told my employer as this is nothing to do with them.

 

I appreciate that at the moment a temporary employee also needs to know where they stand with their job as would I in their position . I will only allow any questions about my health to be directed to my employers occupational health doctor and no one else. My reason for this is because my Manager grilled me the last time I was in the office and demanded to know who my Consultant was so that they could personally ring them up and cancel/renew my hospital appointment for a time convenient to them!! naturally this got my back up and I said that in future if they want any information about me then they must employ another doctor to get it along with his opinion which in actual fact the company obtained in January and in a statement it stated that I could only work at the most 3 days a week. My GP said that I was not to attend any more meetings as I am now stressed out and I have a condition related to this which requires a Hospital visit.

 

I will end this string here as I don't think any more can be said on this matter and I have had all the assistance off every one that I require, so thank you every one that has answered me.


What will be will be and none of us can change the course of history or human nature:wink:

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