Is this legal?

Lovetotravel

I started working for a well-known financial institution in February and nearly 2 weeks ago I broke my wrist at a work event.

My doctor signed me off for 2 weeks and told me to take advice from the fracture clinic on returning to work. I actually went to work the following day, as I had been pressured into it by my boss, thinking that when they saw the cast to my elbow and sling I'd be sent home. But no. I was put to work 1 handed, which was not practical since I work in a call centre. I questioned this and as a result was asked if I could do without my painkillers as they were making me a bit dopey.

It was made pretty difficult for me to leave and at one point I was sat at my computer crying as I kept being told that if I left I was subject to disciplinary procedure. In the end, I walked out and got a doctors note for 2 weeks.

Then I was called in for a meeting today and told that if I wasn't back in work on Monday I'd be sacked and that I had no rights as I hadn't been there long enough (my doctors letter is until Friday and I have fracture clinic on Tuesday). I was told that a doctors letter is not legally binding and "is just that doctors opinion on that given day" when I said I wasn't comfortable going against my doctors advice, as it has had repercussions for me in the past.

I feel I was bullied and harassed and I was asked outright "apart from the doctors note, the fact that you are unable to drive with the cast and limited mobility in your fingers, what's stopping you from returning to work?".

I was never given the option of having anyone with me at this meeting and I left in tears as I was completely out of my depth and really felt bullied and intimidated into returning to work.

Can they do this, legally?? It's either follow doctors advice or be sacked!! And I'm only getting SSP, so it's not costing them anything to have me off sick.

I live in NI, in case that makes a difference.

dacouch

How did you break the bone ?

Vader123

They can sack you for any reason (as long as its not discriminatory, like because of your gender etc)in the first 12 months.

Vader

Mands

jdturk wrote: »

I don't think companies can claim SSP back

That is incorrect; SSP is reclaimable by the employer.
Mands

Debt_Free_Chick

Lovetotravel wrote: »

I started working for a well-known financial institution in February and nearly 2 weeks ago I broke my wrist at a work event.

My doctor signed me off for 2 weeks

(my doctors letter is until Friday and I have fracture clinic on Tuesday). I was told that a doctors letter is not legally binding and "is just that doctors opinion on that given day"

As of 6 April, your doctor should be issuing a "fit for work" note, not a sick note. Is this what he issued? It would have stated whether you were fit for "some work" or "no work at all". What did it state?

Caffca

Lovetotravel, sorry to hear about how you are being treated. It's not an area I feel I can offer any advice on other than I suggest you contact LRA (Labour Relations Agency) http://www.lra.org.uk/index.htm - as I understand it they are the NI equivalent of ACAS.

Catherine_Johnson_2

It's true that your employer can dismiss you in the first 12 months of employment without giving a reason.

If you absolutely can't go to work then stay at home, but you can obviously use a computer ok. I'm not sure whether working in a call centre requires the use of both hands, having never worked in one. I would have thought the question really is, do you want to work there, given what you've said?

From personal experience, I know that when I broke my leg some years ago I returned to work after about a week as I was bored at home. I would have thought a broken arm or wrist would be less debilitating than a leg?

They are within their rights though to terminate your employment.

Uncertain

Mands wrote: »

That is incorrect; SSP is reclaimable by the employer.
Mands

Yes and no!

A small employer in effect gets most/all of the cost back via a rebate on employer's NI. I'm 99% sure larger employers end up meeting most or all of the cost themselves but I don't remember the exact details. No doubt HMRC's website will make it crystal clear!

anamenottaken

Vader123 wrote: »

They can sack you for any reason (as long as its not discriminatory, like because of your gender etc)in the first 12 months.

Vader

One of the situations where an employee with under a year's service could take an unfair dismissal case to Employment Tribunal would be when they have been dismissed for trying to exercise a statutory right. If the OP is trying to exercise their right to SSP then, if they were dismissed, they could try building a case that the dismissal was for that reason.

Savvy_Sue

Catherine_Johnson wrote: »

From personal experience, I know that when I broke my leg some years ago I returned to work after about a week as I was bored at home. I would have thought a broken arm or wrist would be less debilitating than a leg?

I've never worked in a call centre, and I've never broken a limb. However, I know that if one part of your body isn't working quite right, all the rest can thrown into disarray, and you end up holding yourself awkwardly, and nothing is straightforward.

And with respect, with a leg out of action, once you've got yourself into position (which probably isn't easy!) you have at least got both arms and hands, so you can type normally, hold a phone normally, and generally function normally until it's time to move. Once it IS time to move, life gets complicated.

Whereas the OP has to either type one-handed (which isn't as easy as it sounds if you're used to typing properly) or take messages with one hand, without full functioning in the hand in a cast.

PLUS she was asked if she could manage without her painkillers because they were affecting her work! :mad: Honestly, some employers really do take the biscuit.

I hope that ACAS equivalent can give you advice, because frankly I find that reaction from the company appalling.

Does any blame attach to the company for the accident, btw?

justbcuz

:mad: Big companies have no regard for employees anymore nor do they fear for repercussions.

Was the accident correctly reported in the company h&s log?