awkward work situation.

emmasmum01

I have a bit of a situation at work at the moment.

Been total nightmare working for them since the start of my employment just over a year ago.

I've been off sick since 26th june, the nurse gave me a handwritten headed letter from the surgery stating i was unfit for work. i haven't had a phone call or anything and recieved a letter today asking me to attent disciplinary meeting.
i called HR and HR manager said i had not followed procedure (ie calling in every day i was going to be off work). i said i didnt need to as he had a letter stating i was unfit for work, he replied the letter was unsuitable and i needed at fit for work note from doc instead. i asked why he hadn't rang me sooner so i could have arranged to get them one and he replied "i didnt know you hadn't been in work till monday when your manager asked where you were"?? even though he had the letter and i've not been in for 2wks??
anyway i said ok, i was going to come in today anyway to which he replied fine i'll see you this afternoon and promptly put the phone down. i called docs for appointmnet to get sick note and called HR to say i wouldnt be in as i'd be at my docs.
He rings me back harrassing me telling me i have to come back as it will mess up the work schedule and i can get the note from docs another time? which i then informed him that i was getting the note he said i needed and he said "well i can not authorise this and it will be unauthorised absence?? i've not even returned to work yet so what is he going on about???

Where do i stand if i get this letter from doc tonight??

also i have just been offered a new job, new company, much better money starting in a few weeks, been upfront with regards to time off sick as was in and out of hosp last yr ended up demanding i have the op so all legit and not just skiving. just worried if they sack me during me disciplinary, then new employers wont take me on. what should i do?? resign before my disciplinary or wait for disciplinary and if not sacked then resign with notice?

marybelle01

Employment isn't school - you can't get a note from a nurse saying you can't do gym today! You must surely know that you have to self-certify for the first seven days and after that you need a fit note? It's your responsibility to know that. So you have been absent without leave since 26th June. And you told HR you were coming in to work and then didn't. It's not harassment - it's annoyance at being !!!!ed about by you.

ktothema

If I were you I'd just go to see my GP, explain what's happened and ensure they back date the form to the appropriate date. I'd send it in with a letter stating that you were unaware that the original correspondence from the surgery hadn't been correct for their procedures, and as soon as you've been made aware you sourced something correct for them at the first possible instance. At least then it's all in writing. Try not to worry about it. If you've been upfront with the new company, just bring this up with them too when the time comes for references.

Some companies can be real sticklers for process, and my previous one certainly was. However when I got caught in a similar situation after some surgery (consultant forgot to give me a note on discharge, and being high from pain killers I forgot to ask), so they just asked for proof of my appointments with my consultant as a hold until I was given one.

ktothema

emmasmum01 wrote: »

anyway i said ok, i was going to come in today anyway to which he replied fine i'll see you this afternoon and promptly put the phone down.

Also it sounds like he may have this as meaning you're returning to work rather than, and i'm guessing this is what you meant, popping in for a visit.

emmasmum01

well i got an appointment with my GP who promptly gave me the right letter/note, back dated it and also included todays date so i will be taking that in tomorrow with a letter.

ohreally

emmasmum01 wrote: »

Where do i stand if i get this letter from doc tonight

Still facing a disciplinary hearing being convened.

Did the letter of invite state they are considering up to and including dismissal?

emmasmum01

the disciplinary doesn't really bother me tbh, I already have a new job and start in a few weeks.

However, I'm pretty sure, that with regards to hr manager demanding i come in as it messes up with the work schedule and he cannot authorise the time off, because, he took it upon himself to presume i was returning to work, without actually going into work and completeing my return to work interview/form. he has absolutely no leg to stand with regards to it being unauthorised??
surely i would actually have had to returned to work first or i would still be off sick until i did???
if that makes sense?

ohreally

emmasmum01 wrote: »

the disciplinary doesn't really bother me tbh, I already have a new job and start in a few weeks.

Ensure the new job offer isn't contingent on a satisfactory reference from this employer.
Most job offers are conditional.

Elvisia

Perhaps if they say they are going to let you go then negotiate and say you'd rather a) resign and b) want them to provide a reference that just says you worked there and not to say anything negative. Most employers just give references to confirm someone worked there, rather than a personal love letter about how good they were.

I worked with a colleague who stole over 100k from the company and she was given the opportunity to be fired or to resign, and she resigned.

Savvy_Sue

emmasmum01 wrote: »

However, I'm pretty sure, that with regards to hr manager demanding i come in as it messes up with the work schedule and he cannot authorise the time off, because, he took it upon himself to presume i was returning to work, without actually going into work and completeing my return to work interview/form. he has absolutely no leg to stand with regards to it being unauthorised??
surely i would actually have had to returned to work first or i would still be off sick until i did???
if that makes sense?

It only partly makes sense: if you're in an environment where there needs to be a certain number of 'bums on seats' at all times, then there is often a clause in your handbook which states what you have to do BEFORE returning to work.

For example, our company used to include a residential home with 24/7 cover required. If you called in sick, you were expected to do so as early as possible (obviously) and give an expected date of return. Clearly that's sometimes an estimate, BUT you were also expected to give notice of your intended return if you were off for more than one shift.

You couldn't take a few weeks off, with or without the appropriate fit note, and then just turn up for your next shift. Because we'd already have arranged cover for that shift, and wouldn't want you and the other person.

Saying "but my fit note ended yesterday so of course I came back" wouldn't have been acceptable, you had to phone the manager and advise that you actually would be back at the end of that fit note (or not).

So what does your staff handbook / sick leave policy say?

McKneff

Taking a note in from the nurse at the surgery is as much use as taking a note in from your mother.

I really think youre lucky not to have been sacked to be honest.

Treat your new employer wtih a bit more respect please and remember that you can be sacked for no reason at all within the first 2 years of employment.

Read your company handbook on sickness policy,