suspension on medical grounds

muriel_bagge

I need some advice regarding my circumstances at work. I'll try to be as clear as I can.

I was in a relationship with a colleague. The colleague's behaviour was erratic and I got severely depressed. The relationship broke down and my partner started bullying me.
Following my mental health breakdown, I was subsequently sent home by my manager on medical suspension.

It was over a month ago. I reported bullying to the manager, but asked for my ex partner not to be suspended because it will not solve any problems. I provided evidence of bullying and HR is looking into this.

Since being signed off in October, I was seen twice by occupational health, twice by my own GP and I was told by all medics that I am fit to return and that it is good for my mental health to return. Last assessment took place on 25 November.

I wrote numerous emails to my manager and HR asking for definite answers - no reply other than we will get to you later.

I contacted ACAS and was advised that since I was assessed as fit to work, there are no more grounds for medical suspension. ACAS said that I should request timescales in writing and tell the manager that I expect to be able to return on Monday.

I emailed the above to my manager and HR. I received a reply basically saying the same as before - it will be looked at, I will get back to you. I replied that he has time till Friday and that I'm expecting to be allowed back on Monday. If he is worried about me and my ex partner, my ex partner should be suspended to facilitate my return, especially in the light of the allegations of bullying.

Sitting at home is having a negative impact on my mental health and I feel victimised and ostracised. Is there anything in law or in common sense that I can do?

theoretica

Are you on full pay? If you hve been medically suspended despite your doctor saying you should be in work I believe you need to be on normal pay, rather than sick pay.

muriel_bagge

theoretica wrote: »

Are you on full pay? If you hve been medically suspended despite your doctor saying you should be in work I believe you need to be on normal pay, rather than sick pay.

Hi, yes, I'm on full pay.

macalacka

When you say you wrote to your manager and HR asking for definate answers...what were your questions? I assume as you have raised the bullying as a grievance you have asked what is going on? is the bullying at work or at home?

If you are deemed fit for work then you should go back. The ex partner shouldn't necessarily be suspended at this point as they are investigating.

Investigating grievances, especially bullying ones takes a long time and as its your ex partner then it's more of a domestic issue and if you can't work together then one of you would have to leave or you put up with it.

What was the bullying? What evidence have you presented to your employer?

muriel_bagge

macalacka wrote: »

When you say you wrote to your manager and HR asking for definate answers...what were your questions? I assume as you have raised the bullying as a grievance you have asked what is going on? is the bullying at work or at home?

If you are deemed fit for work then you should go back. The ex partner shouldn't necessarily be suspended at this point as they are investigating.

Investigating grievances, especially bullying ones takes a long time and as its your ex partner then it's more of a domestic issue and if you can't work together then one of you would have to leave or you put up with it.

What was the bullying? What evidence have you presented to your employer?

My ex is a colleague. I'm saying it was outside of work, but the ex would bully me using a work mobile. Also, my manager is saying that it had an impact on the service as I am off.

In my email, I requested that he takes more decisive steps regarding my return to work, especially that I was assessed as fit to return for the fifth time on Wednesday, 25 November 2015.

I requested a written plan with time scales for my return to work to be sent to me by Friday, 4 December 2015.

I said that I am expecting to be allowed to return to work on Monday, 7 December 2015. I was assessed as fit to return, therefore there are no reasons for me to be suspended on medical grounds.

In his reply, my manager said that he will get back to me "after the recommendations have been considered"

The bullying involved racist remarks and general, yet awful, name calling. I showed the texts and emails to the HR and manager. Another colleague witnessed my ex calling me names.

tomtontom

How long have each of you worked there? Are you comfortable with returning to work and him being there?

You originally said not to suspend your partner?

This is a difficult one for HR. If you go back to work and have another episode they could face a claim for not protecting you from your bully. They need to balance the positions of all involved, hence why they can't give you immediate answers.

specialboy

Why rush back if you are getting full pay?

muriel_bagge

tomtontom wrote: »

How long have each of you worked there? Are you comfortable with returning to work and him being there?

You originally said not to suspend your partner?

This is a difficult one for HR. If you go back to work and have another episode they could face a claim for not protecting you from your bully. They need to balance the positions of all involved, hence why they can't give you immediate answers.

I've worked there for 3 years, my ex longer than this.
I am comfortable with us being in the same office. I would like to move on and any other action will just stir more gossip.

muriel_bagge

specialboy wrote: »

Why rush back if you are getting full pay?

Because sitting at home is having a negative impact on my mental health and I really like my job.

Ronaldo_Mconaldo

There's usually two sides to every story. What would your ex say about all this? How have they been bullying you?

sangie595

I am quite confused about your reactions, and I would be willing to bet that your management is also confused. You have made a very serious allegation against your ex partner, but you have then gone on to say that you do not want him suspending, you are quite comfortable working with him in the office, and you would like to move on (which seems to imply that you do not wish to continue with the grievance that you have submitted to your employer). Simultaneously you have been signed off sick for a not inconsiderable amount of time which you say is due to a mental breakdown as a direct result of bullying from your ex partner - and the situation which enabled this bullying to take place has not changed a bit since you originally went off sick.


Can you not see that from your own version of events, the employer might well be entirely confused about what you have said, the allegations you have made, and your now insistence on returning to work in the same environment before the grievance that you submitted has been fully investigated and resolved?


Having made these allegations, you cannot just say that you want no action taking without leaving yourself open - if it was so bad that it made you sick, but now you are saying that you can manage at work without anything being done about the bullying, then it is open to the employer to consider whether the complaint was frivolous or even malicious.


I know that you have said that there is evidence of the bullying, andI am not disputing that it has happened - but you cannot expect your employer to simply drop everything and return you to work in the same situation just because that is what you now want. Your employer has taken your complaints seriously, and that is what they should do. So they have a legal responsibility to protect you from further harassment. You have then tried to tie their hands by insisting the take no action against the alleged bully, and that you be returned to work in the same office as the alleged bully. In their shoes I would not be doing what you want either, and I would be asking myself some serious questions about what on earth is going on with you two.


But the bottom line is that an employer can suspend on full pay - it doesn't have to be a medical suspension, just a suspension from duties. They have done. They are entitled to do it. And ACAS are wrong. If your employer is paying you not to go to work whilst they find out what is happening, then they can do it. Personally, in your shoes I would use this time to decide what exactly it is that you want to happen to stop the bullying, and stop tying the employers hands with what you do and don't want.