Fit note - employer 'we don't want to set a precedent'

[Tygermoth]

Hi Guys,

 

Its been a long time since I have posted here but i am hoping you would be kind enough to give me your thoughts on a matter.. Its a bit long but i wanted to get the ins and outs of the whole thing...

 

I managed to tear my calf muscle. badly. So was signed off awaiting a surgical referral. Have worked with my current huge multinational employer for just shy of two years. Never a day sick and gained several distinctions during my performance reviews. I am a team of one, role is fully email based.

 

After three days of sick leave, of the two weeks signed off by the Dr, they called me to advise that sick pay is discretionary and as surgery was not required (intensive physio was agreed as being the way forward) they have decided its classed a 'minor injury' and i was being moved on to SSP. I totally understand that company sick pay is discretionary so sucked it up.

 

After the sick note ran out the GP wanted to write another two weeks but i cannot afford a month of SSP (we have just moved house and our savings took a hammering) so against advice i went back to work. My manager saw the state i was in after climbing seven floors on crutches and dealing with massive fire and security doors. you should see me try and get through the turnstiles in to the building. its hilarious. After a day of watching me struggle and my leg swell to a size that the hulk would be proud of he allowed me to work from home. This was awesome, I looked after my leg was super productive (they can see my stats) and was getting paid... win/win for everyone.

 

He then went on leave. My managers manager realised at this point that i was working from home and demanded i come in. She doesn't like home working, at all.

 

After two days of hell in the office i was back at the GP, she quite smugly told me she knew i would be back and stated she would write me a fit note to say i was fit for work but from home.

 

Managers manager has refused this request as she 'doesn't want to set a precedent'

 

I have been called by Occi health, HR, the physio team and the employee Sat team and all agree that i should be allowed to work from home. But do not have the power to override the decision.

 

No one is covering my role while I am gone they are just sending out acknowledgements as we have a statutory 6 week response time once we have 'made contact'. so my work is backing up to insane levels.

 

What is upsetting me is i am now careening into financial hardship and a massive stressful return to work because of one managers stance on working from home. I could be productive and get paid but no She is the big boss and unless i want to take it to the MD i have hit a brick wall.

 

I should explain the set up of my company we are a very small company however were bought out buy a huge multinational. As we make a shed load of cash the multinational basically leaves us alone as they don't want to alter the dynamic. So its very much a small business mentality even though we have a huge companies resources and backing. its rather unique.

 

Anyone come across something like this before? I know our MD would be horrified and i have drafted a letter to send to him but as soon as i do that i will have killed any chance of staying in this job as my Manager Manger will hold grudges.

 

What would you do?

[becky2585]

Legally speaking, the answer is quite easy. Practically speaking, not so much!

 

The way I see it is you have done everything you can to get back to work. You have a job that can be done from home and your GP has signed you as fit to work from home. Your employer has chosen not to follow the GPs advice - therefore they should be placing you on fully paid medical suspension. It would help your case more if your contract or company policies provided for home working but you could still mount a custom and practice argument.

 

If they refuse to do so then you would ordinarily raise a grievance pointing out the above. It's complicated by your length of service though so you would need to word the grievance in such a way as to ensure that any subsequent dismissal was automatically unfair (asserting a statutory right not to have money deducted from your wages when you are certified by your GP to work from home). The problem is that most reasonable employers would not take issue with this, but yours has - so it's whether you want to rock the boat. It's a personal decision, but I do think your employer is in the wrong!

[Tygermoth]

becky2585

 

Thank you for your reply.

 

I was worried that my strong feelings in this matter clouded the facts and that my business had all the cards and i have none.

 

Discussing with my OH i will look to fight this, i was originally going to let it slide then thought that this needed to be fought. If i get no where heyho but at least i will feel better about it.. also apparently my name is mud anyway so i may as well get hung for a sheep as a lamb!

[Tygermoth]

well i have had a response to my very mild and non confrontational email to HR about being on SSP.

 

They have advised 'your contract states only 6 days of full sick pay will be paid any working year' you have had your six days and we will not consider the matter any further. To note the contract then goes on to state the payment is discretionary and they can extend it at will.

 

thoughts?

[Tygermoth]

Anyone please? I would like to take the matter further but not sure if i am tied down with the 6 days and that there rest is discretionary... and they have decided not to pay it. Or does the 'medical suspension' over-rides the matter.

 

Any help would be gratefully received.

[steampowered]

It sounds like you think the MD might be able to help? This is quite a serious issue with financial consequences for the company, so it is reasonable to get the MD involved. If your immediate line manager doesn't like it then that's just tough.

 

It sounds like a polite email or letter to the MD explaining the problem, explaining the situation with work backing up and explaining your ability to work from home is a good idea. This point about 'not wanting to set a precedent' sounds like an off-the-cuff comment from the manager and suggests to me that the issue has not been fully thought through.

 

It would also help to ensure that you don't get blamed if the 6 month deadline is missed due to an excessive back-log.