Stressed out - help pls?

cazzie2010

Hi,

Please can anyone help me with advice. I have been off on sick leave for the past 3 months due to stress. I have recovered from cancer twice and feeling optimistic however, my employer whom I have worked with for the last 10 years, appears to be trying every trick to force me to leave the company.
I am not a paranoid person so know its not in my imagination, i have had several stressful experiences with them, which is too long to go into!. I appreciate they are running a business but there is no care of duty at all.
My question is I'm wanting to return to work, my doctors have advised me to return 20 hours per week instead of full time. However my employer has said they don't feel I'm ready for 20 hours and instead insisted I work for 1 hour per day so gradually over 3 months I'll be back full time.
Can anyone advise if my employer is allowed to overrule my doctors note, as i feel 1 hour per day will not help me to integrate back into work mode???
I have checked and there is nothing in the terms and condition handbook?
Any help gratefully received

Kind regards

Googlewhacker

cazzie2010 wrote: »

Hi,

Please can anyone help me with advice. I have been off on sick leave for the past 3 months due to stress. I have recovered from cancer twice and feeling optimistic however, my employer whom I have worked with for the last 10 years, appears to be trying every trick to force me to leave the company.
I am not a paranoid person so know its not in my imagination, i have had several stressful experiences with them, which is too long to go into!. I appreciate they are running a business but there is no care of duty at all.
My question is I'm wanting to return to work, my doctors have advised me to return 20 hours per week instead of full time. However my employer has said they don't feel I'm ready for 20 hours and instead insisted I work for 1 hour per day so gradually over 3 months I'll be back full time.
Can anyone advise if my employer is allowed to overrule my doctors note, as i feel 1 hour per day will not help me to integrate back into work mode???
I have checked and there is nothing in the terms and condition handbook?
Any help gratefully received

Kind regards

Yes they can, they have to show reasonableness as you are protected by the DDA and them being overly cautious will be well within the guidelines I would have thought.

A staggered return to work is adviseable after a period of long term sickness but I would say 1 hour a day is pointless.

A Dr's note is only a recommendation, it is not law as they cannot possibly know what everybit of work you do is.

cazzie2010

Thanks for your reply. I know they are only saying the 1 hour as I will only be paid the 1 hour so obviously from SSP I will be worse off, which is ok as I really just want to get back to work. The 1 hour is pointless, but they were hoping I would just quit as I am due to retire next year!!
Thanks again!

Uncertain

If you are due to retire next year would in not be best to try and reach a settlement with your employer (compromise agreement) and go now?

It is hard to see, if their attitude is as you suspect, how this is going to work in the real world.

SarEl or Lazy Daisy will know the legal position better than me but, as far as I know, the employer doesn't have to grant a phased return. They do however, assuming you are covered under the DDA, have to make "reasonable adjustments" but this doesn't automatically mean a phased return at your chosen pace. They may be able to argue that, for business reasons, it is not "reasonable".

You could call their bluff and (providing your doctor agrees) declare yourself fit to return full time. This they would have to accept unless they come up with medical evidence to the contrary.

It is difficult to see how either this, or a situation legally forced on your employer against their will, is going to help your health. A cash settlement and a part time job somewhere else would have a lot to recommend it.

SarEl

cazzie2010 wrote: »

Hi,

Please can anyone help me with advice. I have been off on sick leave for the past 3 months due to stress. I have recovered from cancer twice and feeling optimistic however, my employer whom I have worked with for the last 10 years, appears to be trying every trick to force me to leave the company.
I am not a paranoid person so know its not in my imagination, i have had several stressful experiences with them, which is too long to go into!. I appreciate they are running a business but there is no care of duty at all.
My question is I'm wanting to return to work, my doctors have advised me to return 20 hours per week instead of full time. However my employer has said they don't feel I'm ready for 20 hours and instead insisted I work for 1 hour per day so gradually over 3 months I'll be back full time.
Can anyone advise if my employer is allowed to overrule my doctors note, as i feel 1 hour per day will not help me to integrate back into work mode???
I have checked and there is nothing in the terms and condition handbook?
Any help gratefully received

Kind regards

As stated before, what your doctor says is advice and the employer cannot be forced to take it. The situation is extremely complex, because even with DDA related reasomable adjustments, the problem is that they are about "reasonableness" - they can find defences which get them out of providing them. So the detail is extremely important and legal advice would be crucial - this is simply beyond what an advice centre could do, although they may be able to point you to affordable or free legal resources. Certainly with more information (which you may not be comfortable giving out on a public forum) we may be able to give you a steer, but it could never be more than this. To fight a claim on disability discrimination without legal support would be nigh on impossible - but you may find that someone would be willing to take a case pro-bono or no win no fee (I am assuming you haven't the money to pay or you wouldn't be here asking the question). It is also worth checking your home insurance to see if you have legal cover (some include it).

cazzie2010

hi, thanks for all your input. I called acas last night and they said my employer can basically do what they like so I wanted to clarify this by asking on here. I don't want any hassle of court appointments etc. I just want to return to work, without feeling I'm being forced out due to a previous medical record which puts me in a 'difficult member of staff' stereotype position. I will just return and do no more than 1 hour, although as I am the manager this will prove difficult as i will be constantly relied upon to the new staff.

Thanks again

SarEl

cazzie2010 wrote: »

hi, thanks for all your input. I called acas last night and they said my employer can basically do what they like so I wanted to clarify this by asking on here. I don't want any hassle of court appointments etc. I just want to return to work, without feeling I'm being forced out due to a previous medical record which puts me in a 'difficult member of staff' stereotype position. I will just return and do no more than 1 hour, although as I am the manager this will prove difficult as i will be constantly relied upon to the new staff.

Thanks again

It is obviously your choice. But ACAS are wrong (they commonly are). Your employer cannot do "as they like" - they must be able to justify their position and must be able to show that their position is reasonable, especially if you qualify under the DDA. You have very little to loose by getting some professional advice on this - especially if you are close to retirement age anyway. The potential risk of leagl action may persude the employer to make an offer to pay you off which is worth more to you than the return to work will be.

LindsayO

I think it would be very reasonable of you to ask what duties they think you should do in an hour. This will show that you are taking their suggestion seriously. Then when (and if) their suggestions prove impractical, (as I'm sure they will, how can you manage in a hour a day? ) ask for their advice on how to deal with the situation.

I have had to deal with employers taking a similar stance and found that what worked best for me was, once I figured out they weren't going to be reasonable, to embrace their suggestions as if they were reasonable, and to relate to them as if they were reasonable