Off work due to stress and no sensible return to work plan

Uncertain

andyhm wrote: »

Yes alternative employment is a possibility but easier said than done these days.
GP has this afternoon signed her off again which takes the pressure off for a while but the problem doesn't go away in the long term.

The problem is, as Daisy has indicated, that the firm are under no real obligation to help unless her illness is / becomes (legally speaking) a disability. Even then they only have to make "reasonable adjustments" and there is a lot of scope for debate about what is reasonable.

It is possible of course that the firm could leave themselves open to an injury claim if it could be shown that they had caused or contributed to her illness. This is just as true with stress as with a physical injury but obviously much harder to prove.

It is a difficult situation if the firm are being unsupportive or even trying to push her out. Whilst there may be some legal redress that in itself can be a major source of stress.

The standard legal advice in these situations is not to resign (obviously unless she finds a better job) but to sit tight on sick leave and let the firm make all the moves. Does she have access to any legal advice (e.g house insurance or trade union)?

andyhm

thelittlestranger wrote: »

Hi OP, firstly, I would like to express my sympathy. I'm in a very similar situation and have been off of work for anxiety and depression since July this year. It's very daunting the idea of going back to the potential pressures that made her ill in the first place, and I completely understand that.

I will be having a gradual/phased return to work. The way this was put in place is by speaking to an Occupational Therapist. Does your wife's company have an HR department she can contact to ask if they have any Occupational Health advisors?

If this isn't the case, does the company have it's own advice service? My company have access to counselling/legal advice and they're contactable 24/7.

If you need any more info, or just fancy a chat, feel free to PM me. I completely understand how your wife has lost her confidence but she should be very proud of actively trying to get back to work, whether that's for 1 hour or 8.

Thanks for your support.
We are investigating the possibility of a company Occupational Therapist but the HR department are not exactly falling over themselves to be helpful.

andyhm

Uncertain wrote: »

The problem is, as Daisy has indicated, that the firm are under no real obligation to help unless her illness is / becomes (legally speaking) a disability. Even then they only have to make "reasonable adjustments" and there is a lot of scope for debate about what is reasonable.

It is possible of course that the firm could leave themselves open to an injury claim if it could be shown that they had caused or contributed to her illness. This is just as true with stress as with a physical injury but obviously much harder to prove.

It is a difficult situation if the firm are being unsupportive or even trying to push her out. Whilst there may be some legal redress that in itself can be a major source of stress.

The standard legal advice in these situations is not to resign (obviously unless she finds a better job) but to sit tight on sick leave and let the firm make all the moves. Does she have access to any legal advice (e.g house insurance or trade union)?

Thanks for your input.
She isnt going to resign so we will do as you say and sit it out on sick leave and see what develops.

Mara69

One of the biggest problems with sick leave is the longer you are off, the harder it is to go back.

themull1

Could your wife start looking for another job maybe?

Uncertain

Mara69 wrote: »

One of the biggest problems with sick leave is the longer you are off, the harder it is to go back.

That is very true but her doctor clearly doesn't feel she is well enough to be at work without some significant adjustments being made. If the firm are not willing to make them you get something of an impasse. Simply resigning without an alternative in place is not a step forward either.

Miss_Havisham

A couple of thoughts, which others might not agree with.

to be honest 5 weeks off sick doesn't seem (to me) long enough time away from work to warrant a generous return-to-work arrangement such as you have requested. I was off for 10 months and returned 3 days a week 4 hours a day, building up to full time over 6 weeks. This was challenging for me but achievable.

First and foremost your employer's responsibility is to the business. Clearly they have to abide by all employment law, which includes having to consider requests for reduced hours etc but they are not obliged to agree to them if they don't "suit" the business. Personally I feel that their offer is a fair one. Your GP can only make suggestions but cannot "instruct" an employer to make allowances.

Could your wife have some (more) training in the sales aspect of her job so she feels more confident in her ability to hit targets ?

Good luck, it's a toughie to be honest but I feel that the effort / decisions have to come mainly from your wife and you.

Miss H

zzzLazyDaisy

I agree with Miss H's comments.

OP your wife has been off sick for 5 weeks with stress. You say she would be able to go back on reduced hours with reduced targets, but would find full time too stressful.

Unless something else has been happening, such as bullying or harassment (you haven't suggested this) it seems that it is the actual work that she is contracted to do that is causing her stress. If that is the case, then a phased return and temporarily reduced targets are not going to change this, as she would be expected to work towards full-time working and full targets within a reasonable period.

Sales is a pressurised environment and not everyone is cut out for it. The OT may be able to help if there is a problem that can be rectified which would enable her to return to work and carry out her duties as set out in her contract, but if the bottom line is that it is the job itself that is the problem, there may be little anyone can do in the longer term.

If that is the case, unless she learns to cope with the pressures of the job, sooner or later the likely outcome is that she will be dismissed on capability grounds.

Sorry if this sounds harsh.

Dx

andyhm

Uncertain wrote: »

That is very true but her doctor clearly doesn't feel she is well enough to be at work without some significant adjustments being made. If the firm are not willing to make them you get something of an impasse. Simply resigning without an alternative in place is not a step forward either.

The latest fit note provided by the GP states you may be fit for work taking into account...

A phased return to work
Amended duties and
Workplace adaptations

So you are quite correct we have reached an impasse at the moment

andyhm

Miss_Havisham wrote: »

A couple of thoughts, which others might not agree with.

to be honest 5 weeks off sick doesn't seem (to me) long enough time away from work to warrant a generous return-to-work arrangement such as you have requested. I was off for 10 months and returned 3 days a week 4 hours a day, building up to full time over 6 weeks. This was challenging for me but achievable.

First and foremost your employer's responsibility is to the business. Clearly they have to abide by all employment law, which includes having to consider requests for reduced hours etc but they are not obliged to agree to them if they don't "suit" the business. Personally I feel that their offer is a fair one. Your GP can only make suggestions but cannot "instruct" an employer to make allowances.

Could your wife have some (more) training in the sales aspect of her job so she feels more confident in her ability to hit targets ?

Good luck, it's a toughie to be honest but I feel that the effort / decisions have to come mainly from your wife and you.

Miss H

thanks for the post.

Training has been lacking to be honest and that might help but a lot of the problem is the economic climate that we are in - selling in these tough times is hard. I know its the same for everyone but its tough out there.