Phased return to work.... only for some apparently!

ticklepenny_2

Having spent 2 and a half hours on the phone today I need help!

Background
Hubby and I work at the same place (5 years), Hubby has a stroke 3 weeks ago (4th one so far), wants to go back to work but is too fatigued to manage a full day. Dr says do a phased return. Work say he hasnt been off long enough to trigger a phased return so go sick or come back full time (they did offer to change his fixed permanent contract to a temporary part time one...just no). He went off on SSP for 2 weeks, now he is still struggling to get past 2pm but wants to just go back to work full time so it doesnt rock the boat (he doesnt want to get sacked for illness - already at maximum time off for the year before a disciplinary.)

I am now just militant as I am getting sick and tired of holding together the family, make everything work, just for them to turn him down and make him stressed and worried (oh and others at work are on phased return.) If he has another stroke I swear I will sue them for unnecessarily pressuring him and stressing him out Grrrrrrrrr - sorry I get ranty about it!

So basically who can I speak to about definitive guidelines for Phased returns? I have today spoken to HMRC, DWP, NI and I am loosing the will to "hold the line" I dont wont to be put on hold anymore than I have to.

Any help will be very much appreciated.
x

Uncertain

Sadly he is not in a strong position here.

If his illness amounts to a disability (in the legal / employment sense) then the firm are obliged to make "reasonable adjustments". This COULD include a phased return to work although there may be some circumstances where they may be able to argue this would not be reasonable.

Apart from this there is no obligation on the firm to allow a phased return. They could take the view that his job is open for him to return to but if he is not well enough then he must stay off sick.

A modern fit note (i.e sick note) allows a GP to suggest how a return to work may be facilitated and / or what work he is able to do. However a firm is not obliged to follow this advice and can simply say they cannot accommodate it.

Not what you wanted to hear I'm afraid.

agrinnall

Has your GP issued a Fit Note to say what your husband is capable of doing on his return to work? If so does it say he should be doing less than a full day? The employer should take this into account, but I believe they don't have to, and they can insist that your husband stays sick until he is well enough to return full time (although if they did this then it would be harsh to sack him for sickness absence, at least in the short term). I don't think there is any body that can force an employer to accept someone back on a phased return, which is probably why you aren't getting anywhere with the ones you have contacted. Is he in a union, they may be able to help?

Emmzi

do work have an occ health department and has he asked for a referral?

Jarndyce

Three weeks seems like a very short time to be considering returning to work after a stroke, IMHO.

And to be frank, I wonder how much both of your attitudes are helping your husbands health? If I'd just had a stroke, I'm not sure I'd want my partner to be jumping up and down demanding things you're not entitled to, or threatening to sue if I had another stroke (good luck with that, by the way!). And if I'd just had my third stroke, I'm not sure that the best advice I could give myself would be 'got to get back to work as quickly as possible'.

I've no idea how old your husband is or what his overall health is like, but sometimes, you just need to read the signs that are telling you to slow down.

ohreally

ticklepenny wrote: »

(oh and others at work are on phased return.)

If others have a phased return does this indicate the existence of an agreed policy?

Did your husband have access to a phased return previously?

Gothicfairy

Did your husband work for this company when he had his other stokes and if so what did they do that time ?

Also what sort of work does he do ? Any lifting or using machinery because that might effect why they don't want him back until totally fit and well ?

Uncertain

ohreally wrote: »

If others have a phased return does this indicate the existence of an agreed policy?

It would be most unusual for there to be a hard and fast contractual entitlement to a phased return.

Assuming there is not then what other may have been offered doesn't help. Discrimination is perfectly lawful providing it is not on one of the few prohibited grounds.

The OP's husband's only real option is to try and negotiate something. I can understand why the OP may feel they are being unfair but, sadly, that does not mean he has any redress.