advice re sicknote

bumble3130

Hi everyone

I was wondering if i could pick your brains.
My other half has been signed off work due to depression, was reluctant for the doc to do this due to trouble it may cause at work but the doctor insisted he needs it.
My partner rang work to inform them and he explained as best he could as he didnt want to go too personally into it, she seemed to want to know everything and got abit snotty when he meantioned the word depression. Hes now very worried hes going to get the sack for being signed off.
What im wondering is
A) can they do this?
he isnt part of the union - is it too late for him to join that now?

any advice would be gratefully recieved as i have a feeling hes going to constantly worry about the what if's for the entire time and I have no answers for him on solutions if certain problems arrive.
many thanks for taking the time to read this

dmg24

How long has your OH been employed?

jazzyman01

It is not pleasant when your employer deals with your partner's illness in such a negative way.

You did not give information regarding:
1 his length of service with the Company
2 whether he has a history of depression
3 whether he was required to declare this when joining the Company (if yes to 2)
4 he has a good/bad attendance record
5 he has any warnings etc current

LEt us know the answer to to above and I am sure that the advice will be more accurate.

bumble3130

dmg24 wrote: »

How long has your OH been employed?

2 years in December

jazzyman01

With that length of service he does have employment rights. Need the other information though

bumble3130

jazzyman01 wrote: »

It is not pleasant when your employer deals with your partner's illness in such a negative way.

You did not give information regarding:
1 his length of service with the Company
2 whether he has a history of depression
3 whether he was required to declare this when joining the Company (if yes to 2)
4 he has a good/bad attendance record
5 he has any warnings etc current

LEt us know the answer to to above and I am sure that the advice will be more accurate.

1- hes been there for almost 2 yrs
2- mild yes but never affected him as much as it has done now
3- he was asked about medical condition but didnt class depression as this as it. wasnt asked specifically if he suffered from depression like some medical forms ive seen.
4- he doesnt have a bad attendance record but his company tend to frown upon any time off hes had. He got a verbal warning as he had time off when we thought our family had swine flu.
5- hes never had any written warnings - just verbal for time off which hasnt been excessive. hes had 10 days in the last yr sick but he recieved a warning for them.

bumble3130

jazzyman01 wrote: »

With that length of service he does have employment rights. Need the other information though

He says he has employment rights at present

Motorvating

He needs to join a Union now. They may or may not represent him in meetings over this, but they will provide advice.

You need to start looking at the Disabiity Discrimination act quickley. If your husband has been signed off with depression and they sack him you may have access to a tribunal.

The company should not discipline him, but rather go down the attendance procedure, so you need to understand that as well. The basic discipline, attendance and performance procedures that all are based on can be found at the ACAS or Direct.Gov websites.

Your husband does not have to disclose all the details about his depression to his employer, however they may want to communicate with his doctor to confirm this that will need your husbands agreement.

Uncertain

First of all it is for your husband's Doctor to decide if he is too ill to go to work, not anybody else. Depression can be a serious illness and the firm should treat him exactly the same as if he was ill in some other way.

Depending on his contract he may be entitled to company sick pay (over and above SSP). If so, this will depend on how long he has been employed etc and is in no way affected by the "type" of illness.

With any long term illness the firm can eventually take steps to dismiss him on the grounds of capability but there are considerable steps they need to go through otherwise they leave themselves wide open.

If your husband's illness amounts to a disability (in the legal sense) then he has some further protection.

The advice above on joining a Union may be worthwhile, otherwise your car or house insurance may well provide a legal helpline. Failing this there is a lot of good advice on line. The BusinessLink website provides detailed information from the employer's point of view. This can be very useful !!

jazzyman01

He has a current warning regarding his absence. The usual disciplinary procedures have a number of stages verbal, written, final written, dismissal (excuding gross misconduct). So on the face of it he would have other steps before any dismissal.

I was asking about previous history in regard to his depression because disability discrimination kicks in when it has lasted or likely to last 12 months - so recurring problems are covered.

He may well be interviewed on his return, the reason being to ensure he is fit and that the company can make any reasonable adjustments to help him. They may also take him down the disciplinary route for his absence - it depends on what is in the company policy. However, if he is open with them and states he has had bouts in the past, the alarm bells should ring with them and they will realise there is a potential disability issue.

He may be requested to see occupational health/company doctor. He may be asked if the Company can contact his GP (he will be given the option of seeing any reports before the Company) to see how long he will be absent. However, this does not usually happen with a 2 week absence.

Yes of course he can join a union. Just be aware that they may not help him on this issue as it is on going and they are concerned about people joining - having an issue sorted and then leaving again. If there is no union recognition at your place of work then they may well provide someone to attend any disciplinary meetings with him.