am I overreacting by resigning

leemee

Hello everyone, this is my first post, hopefully the wise people on here can give me some good advice.

I have worked for my employer for 4 years. I have been off sick with stress due to work and some other medical problems for a few months.

My employer has asked me to agree to a medical report from my doctor in order to assess whether I will be returning to work in the near future.

I would not normally have a problem with this had it been any of my previous employers, but this employer has a problem with keeping private information confidential. And I don't mean the occasional accidental lapse, the managers will regularly speak of the mistakes employees have made, disciplinary matters of other employees, health status of other employees, including telling me exactly what was written on a colleague's med cert. Self certificate forms, timesheets and reasons for abscence are all left in folders that everyone has access to. Even if they reassured me that my information would be private I would have no faith or confidence that this would happen. There are some very private issues regarding my health that I really would not want to become public, my doctor has stated that she would be unable to leave the information out of any report.

I was looking for another job anyway due to other issues with my employer - unnecessarily stressful working environment, lack of adequate admin support, lack of superviserory support and a few other things. Unfortunately my medical condition and sick leave now put me at a distinct disadvantage in finding another job.

I have written my resignation letter and am ready to send it - am I overreacting or justified?

Thanks in advance for your comments.

maninthestreet

You admit that your 'medical condition and sick leave...... me at a distinct disadvantage in finding another job', so what will you do??

leemee

maninthestreet wrote: »

You admit that your 'medical condition and sick leave...... me at a distinct disadvantage in finding another job', so what will you do??

My medical treatment will be over in around 6 months. At that time I would be looking at finding another job or possibly self employment, but I do realise that by resigning I will be limiting my options as a prospective employer will look at my sickness record. However, it is difficult to imagine going back and facing the prospect of everyone knowing very private information about me, not to mention the toxic work environment.

Decla

Your sickness record may not be of concern in six months time. The Equality Act will soon make asking for details of sickness illegal.

Saying this may still be a bad idea. THAT will not look good to future employers as they won't know what a dreadful place you work at and may just assume that you are disloyal or unreliable.

You should get advice about your rights from CAB or ACAS anyway. No-one should be forced to disclose sensitive personal information to keep their job. If your illness is long term might it be a DDA issue? Get advice ASAP

Uncertain

It is normally far better not to resign on medical grounds. It may sound selfish but sit tight and let the employer make all the moves.

I would explain your concerns in detail to your doctor. His report should be about how your condition may affect your work and should contain the minimum necessary amount of medical information. You have a right to see the report before it is sent but you cannot tell the doctor what to write. There are guidelines for such reports on the GMC website. It really comes down whether your doctor considers your work situation is making you ill. If he does then there is a great deal he can do to help.

If you really want to leave why not sit tight and s-l-o-w the pace right down. Take several days to respond to anything the firm ask, reply to most things with a question, don't accept phone calls etc. Each time you see your doctor email the firm an update that doesn't really say anything etc etc. Make noises about the DDA and so on.

Eventually they will try and push you out on capability grounds at which point you may be able to negotiate a compromise agreement with an agreed reference and a small payoff.

If you resign you will get none of this and may well not be able to claim JSA.

leemee

Thank you for your comments.

If I did resign it would be on the basis that I had lost trust in my employer to such an extent that I could not trust them with medical information.

My GP can't use a lot of discretion in the report, my main medical condition is the one I want to be kept private, she can't not refer to it in the report.

However I do take your points. There is the option on the form that I have been sent to refuse permission for the report. That would force them to make a decision on the little information they have. I do feel guilty though, although they are are bad employers, it is generally nice people that I work with, and someone else will not be hired and trained unless I leave, meaning they have much more work to do when they are already under a huge amount of stress.

Also I wasn't sure if it was better to resign for undisclosed grounds rather than be sacked for not being fit for the job.

Uncertain - when you speak of a compromise agreement are you saying that I would have to file for unfair dismissal? I believe the place I work for has had claims against them in the past by multiple employees. Would I have to disclose a compromise agreement to a future employer? It might make them hesitant to employ me.

thanks

Lee

leemee

Just a note, I don't have to worry about JSA as I would be claiming ESA.

Uncertain

leemee wrote: »

Uncertain - when you speak of a compromise agreement are you saying that I would have to file for unfair dismissal? I believe the place I work for has had claims against them in the past by multiple employees. Would I have to disclose a compromise agreement to a future employer? It might make them hesitant to employ me.

thanks

Lee

In a medical situation like this some firms will take the view that it is better to agree a CA rather than have the hassle / cost of dealing with a claim even if they feel they might ultimately win.

With a CA you agree to part company on agreed terms. Normally you get some money and an agreed reference in exchange for signing away your right to bring (almost) any claim. You have to receive independent legal advice for such an agreement to be valid and normally the firm pay for this.

Most CA's have a confidentiality clause binding on both sides and, as I said, an agreed reference. You would therefore know what would be said to any future prospective employer.

You can of course suggest this as a possibility to your employers. I suggest you try to get some legal advice first. Does your home insurance provide cover - a lot do?

If you Google compromise agreements you will find any amount of information.

I wouldn't rush to say no to the medical report - simply say you will discuss it with your doctor when you next see her. Maybe he is on holiday!

heretolearn_2

You have more than two options: resign or have the report done.

Your employer can request your permission to contact your doctor - but you don't have to give them permission. Without your permission, they can't get a report from your doc. Simples. :-)

Write and refuse permission and copy your doctor into that letter. In that letter, I'd also say that the reason you are refusing is entirely that you know from experience that the firm cannot guarantee confidentiality of the information.

If at some point they dismiss and you go to a tribunal, then they can bring up your refusal to allow doctors report as a factor, but if you've explained why it might mitigate that a bit.

But anyway, you do not have to either resign or give them permission to go to your doc.

property.advert

Uncertain wrote: »

It is normally far better not to resign on medical grounds. It may sound selfish but sit tight and let the employer make all the moves.

I would explain your concerns in detail to your doctor. His report should be about how your condition may affect your work and should contain the minimum necessary amount of medical information. You have a right to see the report before it is sent but you cannot tell the doctor what to write. There are guidelines for such reports on the GMC website. It really comes down whether your doctor considers your work situation is making you ill. If he does then there is a great deal he can do to help.

If you really want to leave why not sit tight and s-l-o-w the pace right down. Take several days to respond to anything the firm ask, reply to most things with a question, don't accept phone calls etc. Each time you see your doctor email the firm an update that doesn't really say anything etc etc. Make noises about the DDA and so on.

Eventually they will try and push you out on capability grounds at which point you may be able to negotiate a compromise agreement with an agreed reference and a small payoff.

If you resign you will get none of this and may well not be able to claim JSA.

This is very good advice and the reference part was something I was going to bring up myself.

There is nothing to be gained by hasty and regretful action. You need to move to an end game where you are in control over not only how your separation is managed but also how it is managed to the outside world, particularly to future prospective employers. You can only do that if you take the advice given above and basically make a bloody nuisance of yourself, not by your action but by your continued presence.

Their advisors will eventually just want rid of you and not leave themselves open to claims of constructive dismissal or problems connected with dismissal when sickness was partly to blame etc. Simply, my advice to your company would be to get you to leave as cheaply as possible. I would advise they agree to any legal reference request. If you resign, you have control over nothing.

Uncertain

jdturk wrote: »

You give good advice but then spoil it by adding this in.

Why?

The OP is in this position because he / she feels the employer can't be trusted to keep a medical report confidential. If this is a valid concern then he / she needs to protect his / her interests in other ways. There is nothing whatever wrong or illegal with my advice.

Your trouble is that you repeatedly give advice based on you feel is "right" or "moral" or what the law "should" be (in your opinion) rather than helping the OP to protect their interests within the existing regulations.