Ill health and returning to work, where does my wife stand?

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  • w06
    w06 Posts: 917 Forumite
    But whether the GP provides a fit note is wholly up to their professional opinion, even you op say that she is fit for work, it isn't something that you can demand is provided
  • iammumtoone
    iammumtoone Posts: 6,377 Forumite
    First Anniversary Name Dropper First Post I've been Money Tipped!
    Lungboy wrote: »
    Is she still technically under contract? Is she entitled to pay of any kind? Those kind of issues are where we are having difficulty finding answers.

    Does it matter?

    Whatever the answer tecnically in law the best outcome for your wife is to still work there in another role.

    The company do not have to look for anything else for her, they could just dismiss her, if you start demanding payment they are more likely to take that route.

    The best thing you can do is work with the company and give them a few weeks to see if they can find anything. In your shoes I would see what happens regarding pay and not even mention it.

    If you really can't afford to survive for a couple of weeks without payment of any kind you need to ask them but be aware if you come across as only interested in money then you might find they are not so helpful in finding alternative employement for your wife.

    Sometimes you need to look at the bigger picture and do what is most likely to get yourself a satifactory outcome.

    If they decide they can't find anything then your wife wont be geting payed anyway. By waiting you are just delaying claiming JSA for a few weeks.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    w06 wrote: »
    But whether the GP provides a fit note is wholly up to their professional opinion, even you op say that she is fit for work, it isn't something that you can demand is provided
    No, you can't. In which case the OPs wife goes back to her existing job or fails to return to work. The adjustments she requires are not an obligation on the employer, and even if they were, they are hardly achievable. But what she doesn't have is the right to do anything else. The "anything else" is at the discretion of the employer.
  • Personally, I think the OP is jumping the gun a bit here. His wife only had the meeting with HR two days ago during which she was asked to send them her CV so they could try and find her something else.

    They need to give HR some time to do just that before panicking unnecessarily.
  • Lungboy wrote: »
    I've no idea who assessed the adjustments, I'd guess OH or HR. I haven't read the final report from the Dr that assessed her needs, but I think my wife said they said she needs access to a toilet at very short notice. As she spends hours on the road collecting water samples that's not really feasible.

    Can your wife wear incontinence pads or pants? There are several brands available, so she could find some that she is comfortable wearing. She may need them anyway, as she won't always have instant access to a toilet (when shopping, for example - not all shops have toilets, and even those that do, there may be a queue).

    Also, your wife should ask her doctor for an appointment with the continence service in your area. There may be help that your wife can access to help towards a resolution. I'm not saying that there is a quick fix, but presumably any medical help would be beneficial.
  • Can your wife wear incontinence pads or pants? There are several brands available, so she could find some that she is comfortable wearing. She may need them anyway, as she won't always have instant access to a toilet (when shopping, for example - not all shops have toilets, and even those that do, there may be a queue).

    Also, your wife should ask her doctor for an appointment with the continence service in your area. There may be help that your wife can access to help towards a resolution. I'm not saying that there is a quick fix, but presumably any medical help would be beneficial.


    No continence nurse will advise somebody to use pads as an alternative to a toilet if they are not incontinent.

    The OP hasn't said why his wife needs easy access to a toilet, I suspect its more complicated than simple bladder urgency.
  • Lungboy
    Lungboy Posts: 1,953 Forumite
    First Anniversary First Post
    edited 10 December 2017 at 5:44PM
    Does it matter?

    Whatever the answer tecnically in law the best outcome for your wife is to still work there in another role.

    The company do not have to look for anything else for her, they could just dismiss her, if you start demanding payment they are more likely to take that route.

    The best thing you can do is work with the company and give them a few weeks to see if they can find anything. In your shoes I would see what happens regarding pay and not even mention it.

    If you really can't afford to survive for a couple of weeks without payment of any kind you need to ask them but be aware if you come across as only interested in money then you might find they are not so helpful in finding alternative employement for your wife.

    Sometimes you need to look at the bigger picture and do what is most likely to get yourself a satifactory outcome.

    If they decide they can't find anything then your wife wont be geting payed anyway. By waiting you are just delaying claiming JSA for a few weeks.

    She absolutely wants to go back to work, to the same company if at all possible. There's no demanding going on, i was simply querying what her rights are. It turns out she has very few, unfortunately, but that's the way it goes sometimes. It's really not about the money, I just didn't want her gently ushered out of the door due to her illness if they didn't have the right to do that, but it seems they can so it's all moot.
    Personally, I think the OP is jumping the gun a bit here. His wife only had the meeting with HR two days ago during which she was asked to send them her CV so they could try and find her something else.

    They need to give HR some time to do just that before panicking unnecessarily.

    Oh absolutely, she loves the company and dearly wants to go back to work. There's no panic, I just like to know where she stands.
    Can your wife wear incontinence pads or pants? There are several brands available, so she could find some that she is comfortable wearing. She may need them anyway, as she won't always have instant access to a toilet (when shopping, for example - not all shops have toilets, and even those that do, there may be a queue).

    Also, your wife should ask her doctor for an appointment with the continence service in your area. There may be help that your wife can access to help towards a resolution. I'm not saying that there is a quick fix, but presumably any medical help would be beneficial.
    No continence nurse will advise somebody to use pads as an alternative to a toilet if they are not incontinent.

    The OP hasn't said why his wife needs easy access to a toilet, I suspect its more complicated than simple bladder urgency.

    As Red-Squirrel surmises, it isn't a simple case of urinary incontinence, but something that might never come back or could appear again tomorrow, unexpectedly, and explosively. That's what makes it so hard for the company to deal with in her current post.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    I can see that this is going to be a problem. But does she have any suggestions? Sometimes offering solutions is better than waiting for the employer to solve things.
  • Lungboy
    Lungboy Posts: 1,953 Forumite
    First Anniversary First Post
    She actually applied for another post at the company the day before her meeting with HR, so hopefully that will turn out to be OK.
  • w06
    w06 Posts: 917 Forumite
    Lungboy wrote: »
    As Red-Squirrel surmises, it isn't a simple case of urinary incontinence, but something that might never come back or could appear again tomorrow, unexpectedly, and explosively. That's what makes it so hard for the company to deal with in her current post.

    Do you mean she's fit and well but concerned that a resolved problem may recurr?

    If that's the case could she not go back to her old job and address the issue if it does recurr?
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