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Is my employer playing games?

(32 Posts)
Flakesdayout Thu 03-Sept-20 11:35:40

After almost a year off work with a nasty illness I was due to go back on a phased return in August. I had a telephone meeting with HR and my Service Manager and it was agreed that they would ask for an Occupational Health assessment and in the meantime send me out some equipment so that I can work at home. As this could not be done within a certain time they asked if I could extend my sick note, which I did. This expires on Friday and I have heard nothing from my Company. This is affecting my sleep as I can seem to think of nothing else. I am anxious enough about going back to a job that I don't particularly enjoy and basically starting from scratch as may things have changed but as I need to work at home due to low immunity I have not much choice at the moment. My friend has suggested that they may want me to leave as me working part time on a full time contract is probably not good from a business point of view. I am seriously considering leaving and staying as I am until I fully recover and Covid is in a better place. Has anyone else experienced this ?

ISHMA Sat 05-Sept-20 06:19:25

When you loose your fur baby Chihuahua who was your companion and loyal friend of 13 years and you had to put him to sleep to stop any more suffering: The grieving is beyond belief:How do we cope to face each day without our four legged friend .im devastated heartbroken

Flakesdayout Fri 04-Sept-20 21:44:08

Update: Firstly thank you all for taking the time to respond. I have spoken to my service manager. They have asked for an OH assessment and had asked for equipment to be sent to me but this has not happened for anyone not just me. It was suggested that I extend my sick note but I said I did not think I could do this as I had said I was fit for a phased return. I said that as from Monday I would be on no income. After some discussion it was agreed I go back to work, part time hours and they are happy to work with me and get my confidence back. I will be able to work from home until well into next year. I then had a call from OH and I have an assessment on my first day back. So it seems that all is well for now.
Once again thank you all.

grabba Fri 04-Sept-20 18:41:11

If they were ready to have you working from home and the reason you couldn't was logistical I would suggest they should have allowed you to be back as available for work and get their act together to get the equipment to you.
If it was because they couldn't organise an OH appointment I would suggest this is something the HR /Wellbeing Team/Health & Safety department need to address as a matter of urgency. Can the OH consultation be conducted by phone perhaps?
Ensure you know how much sick leave you are entitled to and whether you may need time off in future, do you have holidays or unpaid leave you could utilise?
As others have mentioned I wouldn't resign, there are procedures.
Take care

Daftbag1 Fri 04-Sept-20 17:30:31

Dependent upon your role and the time you've been there, there may be another option; I was in a similar situation position in respect of anxiety and through a union rep, was able to negotiate a golden handshake so that I could leave but with a few months salary to cushion me. It's called a compromise agreement, in exchange I got the good reference that I was entitled to, and money, and I agreed not to share my knowledge of the companies business.

arum Fri 04-Sept-20 16:06:21

If you extend your sick note, then you are playing into their hands. Claiming to be sick when you are not, could give them an excuse to fire you. Do not offer to extend your sick note. If the firm wants you to do this, ask them to put this wish in writing. Do not resign. If there is a Labour Office of sorts that can give you advice, contact them asap. You need assistance with formulating any communication with this firm.

Jaye53 Fri 04-Sept-20 15:18:32

oh dear you need advice ASAP.are you in a Union if so contact them. if not ACAS OR C.A. Agree that they SHOULD NOT have asked you to extend your sick leave!

jenpax Fri 04-Sept-20 13:57:03

As I said get proper advice from ACAS or citizens advice

Seajaye Fri 04-Sept-20 13:57:00

As others have suggested speak to your employer about the equipment and return to work date and arrangement and follow up with email. Contrary to what done others have said your contact of employment might be brought to an end by your employer on grounds of your inability to do the job but if you are deemed disabled by OCC Health then reasonable adjustments need to be made by employer first, if the dismissal is to be on fair grounds.
Don't resign voluntarily. But do be proactive in trying to return in line with OCC Health recommendations.

The jobs market is dire at the moment.

sharon103 Fri 04-Sept-20 13:50:35

I would do all correspondence by email then you've got proof if you need it of what's been said.

Barmeyoldbat Fri 04-Sept-20 13:38:33

Do Not Leave. You need to wait until you have seen occupational health and if I was you I would stay off sick until you have seen them. They will make recommendations on how you should be working, what hours etc. It may well be that they recommend your are retired on the grounds of ill health. I don't know what sort of company you are working for but if its local government they will then add several years to your final pension. etc.
Examples my husband had been ill for some time and was then able to return to work but had to see an OH, they recommended that his travel time to work wa taken into consideration as part of day, which meant he was home for 3 pm each day, I was retired on the grounds OH. That my fatigue was part of my chronic illness and the company could do nothing to overcome or compensate for this so I could work. Retired on the grounds of ill health.
Just stay calm, have a conversation with your HR but do what is best for you and your health.

Lark21 Fri 04-Sept-20 12:51:27

Just to say there is nothing in law to say you can be medically retired on health grounds. Some employers like the NHS do offer this you’d need to check your contract of employment. It would be better not to resign because you’d miss out on notice pay which you’d be entitled to if they dismissed you .

Mealybug Fri 04-Sept-20 12:32:31

Don't leave voluntarily, have a discussion with them and explain your situation, then if they want to let them make you redundant where at least you should receive some sort of payment from them.

grandtanteJE65 Fri 04-Sept-20 12:32:04

Your employer may not be playing games with you, but treat this as if he is. It will cost you least in the long run.

Ring and ask and get on to your union and explain the situation to them.

If your employer hasn't told you exactly where you stand by Monday morning then you need your union rep. to help.

Do not resign. If they want rid of you, then it is up to them to find legal grounds to sack you. Again get your union to take it up with the firm if they terminate your employment.

I hope everything turns out all right and when you get back to work, start looking for a new and better job.

jenpax Fri 04-Sept-20 12:25:12

Give ACAS a call they will advise you on your employment rights! Do not resign! If they want to dismiss you on grounds of incapacity they have to prove that they have followed the correct process; if they don’t you may have a claim for unfair dismissal and disability discrimination! I don’t know how long you have worked there and that would also have a bearing on any claim so do get advice

Susieq62 Fri 04-Sept-20 11:22:34

Under no circumstances do you resign! You need occupational health involved in your phased return! You must keep clear notes of all conversations! Are you in a union? ACAS should help as well

Tillytot68 Fri 04-Sept-20 10:58:55

They shouldn’t be asking you to extend your sick note because they can’t get the equipment to you! I would ring and speak to your HR contact and ask for clarification.

antheacarol55 Fri 04-Sept-20 10:30:46

I would phone and ask them what is going on .
They have a legal responsibility to help you back to work and “work” around your physical needs .
If they cannot offer you alternate work .
If they can’t they will have to retire you on health reasons .
Do not leave that would be playing into their hands and only benefit them not you .
They may ask you for permission to check your health records
If they do make sure them pay for them not you .
MAKE Sure you only sign release of your records that only concern this issue you are suffering now not full medical records.
You also need to see the records before they are sent to your employers to make sure you are happy for them to see them .
This goes for any hospital records also not just your GP and other health workers you have seen .

Try to keep strong by not leaving work without all this first because you will end up being just if not more stressed trying to deal with Job Centre and other benefits claims .

If they retire you because of health it will be better all round

Juicylucy Fri 04-Sept-20 10:21:47

I’d call them but if your not happy why are you going back. When furloughed staff are taken back in October when furlough ends there employers are being given £1000 per employee if they keep them in employment for 3 months an incentive for employees to keep staff in work. Not sure this applies to you.

Blossoming Fri 04-Sept-20 10:21:43

Was in a similar situation 17 years ago. Agree with others, talk to them. My employer wanted to keep a valued worker and did allow me to do a phased return from home, hopefully yours will too.

MadeInYorkshire Fri 04-Sept-20 10:19:52

Oooh, and as said above, make sure you have a good paper trail, be better done by Email as you should not be recording calls if permission hasn’t been granted!

Jillybird Fri 04-Sept-20 10:18:09

Message withdrawn at poster's request.

wildswan16 Fri 04-Sept-20 10:17:48

Just send a brief email - "Sorry to bother you, will the equipment be available by Friday or should I extend my sick note another week?"

All employers are under incredible stress just now - you are one of many issues they have to deal with.

But, do look at what you really want - if work stresses you out, is there a possibility of a less demanding way of earning? Have you spoken to Occupational Health recently and what has their advice been?

MadeInYorkshire Fri 04-Sept-20 10:17:47

Yes they are playing games probably with the view of making you leave. Whatever you do, do not resign! If they want you to go then make them go through the route of medically retiring you properly. If you can work from home to get you back in the swing of things then do so, as if they don’t follow what your GP has suggested they could be in trouble later on. If you do get medically retired will you manage going forwards? If you just leave then it may impact on any benefits you can claim. Is your GP Supportive? Or if you do want to leave, what’s the likelihood of being able to find a job you do like? Get that job first if thinking of leaving! Good luck and maybe give ACAS a google, they have good advice online as does Citizens Advice, or give them a call x

Torbroud Fri 04-Sept-20 10:13:47

Phone on a speaker phone and record the conversation for future reference

focused1 Fri 04-Sept-20 10:07:53

I agree with others. I have been brought up in a generation that expects others to communicate but sadly this doesn't happen like it did although it is a lot simpler now. From plumbers to - like you employers . I don't take anything for granted. Silence means I have to take the lead and in your case it seems the easiest option . Good luck.