Forced moved due to sickness - my rights

bounce08

I work in the construction industry for a large company. Earlier this year I was subjected to a false complaint by a customer and was suspended and was told by HR and my union that I was likely to lose my job and that police might get involved. This led to a severe period of anxiety and stress for me - I was in a mental health hospital for a week and have been signed off sick since and in prescription medication for anxiety.

I have a history of depression due to debt and gambling and work are aware of this.

The complaint has been resolved recently and I was found to not be at fault following a several month long investigation. Work phoned me and told me this outcome whilst I was still off with anxiety (and still am) I've been off for over 4 months and work were looking at further possible disciplinary action over being off sick for too long.

My manager phoned me and said that because the complaint was resolved I had no reason to be off sick and that I should come back to work immediately. I expressed that I had been off for so long with anxiety and stress and on medication and I couldn't just 'flick a switch' and be alright again and come back to work and that it might take me a couple of weeks before I'd be back.

I could tell work were not happy with this.

A friend of mine from work has recently told me that he overheard my manager discussing moving me to a completely different area of the business (not the same type of job I was doing but similar and the same pay) but a different location when I come back to work, away from my friends a colleagues I have worked with for 9 years.

The ONLY reason for this move is due to my sickness being excessive and not because of any other reason. Apparently my manager has been getting lots of pressure from above him over my sickness and he is saying that for some reason me returning will also disrupt the status quo of my department.

Surely this isn't fair? I have been seen by a doctor and this period has changed my life - at one point I was facing losing my career, home and others stressful events. My complaint has been resolved and now they are appearing to want to wash their hands of me due to my sickness.

What are my rights? Can they move me for this reason?

Bantex_2

You are of no use to them where you are, so a move may help both sides. If they are not cutting your money, what is the problem?

missindecisive

Contact your union rep.

bounce08

Bantex wrote: »

You are of no use to them where you are, so a move may help both sides. If they are not cutting your money, what is the problem?

I have lots of friends where I work, the location is great and easy for me to get to and I enjoy my role there. Its possible I might be down £80 a month in my pay due to shift allowances which would be removed in this new role too.

I forgot to mention I am heading back to work in the next few days (the sickness period will end so I will be working again) - what I have heard is that on my return my manager wants to move me due to my high sickness as he is getting pressure.

I guess my point is this seems to be some form of punishment/him washing his hands of me due to the pressure he is under? Surely thats not right?

missindecisive wrote: »

Contact your union rep.

I have, he said until it is put in front of me it is just hearsay but I'd rather know my rights beforehand. He wasn't too forthcoming as it wasn't a definite yet - I might try a different rep.

Takeaway_Addict

Stick with what your union says and it is just hear say at the moment.

You need to remember that suspension is a neutral act, it's not there to get at you, it was there to remove you from the situation for yours and their benefit and to investigate what seemed to be a very serious matter.

They have no control on how you react but they could not have done anything else by the sounds of it and you went of sick. They are quite entitled to start capability procedures regardless of what the reason was for excessive sickness (they might take the reason into account though during their investigations).

What does your contract say about mobility clauses? If there is one your case becomes weaker but really, until it happens you need to just sit tight and get on with getting back into work

Gavin83

Well the union rep is right, they can't do anything until any action is taken.

It depends entirely on how they conduct it if they do move you. They are under no real obligation to house you in a particular office. If its not the same job as you seem to be suggesting then they're effectively redeploying you, in which case they'll need to make your old position redundant.

Just how different is this new job and how far away is it?

bounce08

Gavin83 - the new role would be an extra 20 minutes travelling and would be office based (I normally work out in the field) and I'd be getting paid about £80 less a month (not a lot but why should I accept a pay cut?)

Ofcourse I understand that I can be moved to meet the requirements of the company to a certain extent (I mean moving me to say Australia might be pushing it)..

I just think the reasons are very poor - there have been others who have been off long term sick who have not been moved but because this manager is getting hassle about the length of absence he wants to get rid of me from his department and put me somewhere else. Would this come under some sort of unfair treatment or bullying out of a role?

I am perfectly capable of the role, my performance has always been very good, I have had no issues in over 9 years apart from this complaint and my sickness up until this year has been good. To me, to move someone who has been signed off sick by a doctor just because it has caused them hassle is wrong morally and is unfair.

What irritates me is I have been diagnosed with a medical condition, signed off from all work by a doctor for months, prescribed medication, been assessed in a mental health hospital and despite all this I'm seen as a problem.

If I had a broken leg or some other tangible medical problem then I'm sure I would have been treated better than this.

bounce08

Takeaway_Addict - as you say, I think until I hear something solid I should concentrate on getting back to work and I can deal with the problem when/if it arises.

I just like to be prepared!

Takeaway_Addict

bounce08 wrote: »

Takeaway_Addict - as you say, I think until I hear something solid I should concentrate on getting back to work and I can deal with the problem when/if it arises.

I just like to be prepared!

The problem is you will try and calculate every single possible permutation and end up where you are now....wondering.

tomtontom

Your stress was caused by a customer. Giving you an office based role will reduce customer contact and mean that you have support close at hand should you become stressed again. It sounds like they are looking at reasonable adjustments to help you get back to work, and this seems quite reasonable to me.

Takeaway_Addict

bounce08 wrote: »

Gavin83 - the new role would be an extra 20 minutes travelling and would be office based (I normally work out in the field) and I'd be getting paid about £80 less a month (not a lot but why should I accept a pay cut?)

Ofcourse I understand that I can be moved to meet the requirements of the company to a certain extent (I mean moving me to say Australia might be pushing it)..

I just think the reasons are very poor - there have been others who have been off long term sick who have not been moved but because this manager is getting hassle about the length of absence he wants to get rid of me from his department and put me somewhere else. Would this come under some sort of unfair treatment or bullying out of a role?

I am perfectly capable of the role, my performance has always been very good, I have had no issues in over 9 years apart from this complaint and my sickness up until this year has been good. To me, to move someone who has been signed off sick by a doctor just because it has caused them hassle is wrong morally and is unfair.

What irritates me is I have been diagnosed with a medical condition, signed off from all work by a doctor for months, prescribed medication, been assessed in a mental health hospital and despite all this I'm seen as a problem.

If I had a broken leg or some other tangible medical problem then I'm sure I would have been treated better than this.

Let's be realistic, to the employer you are currently a problem. You have played a major part in an investigation (albeit unintentionally) which has lasted months, you then went of sick for months on end costing them more money and your productivity has been nil.

They need to solve this problem and if they feel that you entering back into your current work area is going to cause issues then it seems logical to look to move you to a new area for both parties.

And as a side, if the person of with a fixed leg was unable to return to work you would see capability procedures being taken against them as well.

As said before, wait and see and use your union but be realistic, is it worth fighting against the company that could see you back on the sick or is it worth working with them and looking to the future elsewhere maybe? There are many possible options but do not be blinded by the one you are currently perusing as it might not be the right one.

If you are asked to move office, then negotiate terms, for £80 a month extra they might decide to keep you on your current salary