occupational health call

Jess12

I've been off for a while now and my boss said she is getting OH involved and to expect a call next Wednesday. But I am scared s***less about what to expect?!

I have signed to see a doctors report but how/where and when do i see this?

My boss telling me that they will prob get me sacked! Can they DO that? :(:(:(:eek:

thx in advance guys!

[Deleted User]

Maybe, how long have you worked there?

TELLIT01

Your boss sounds like a real charmer. The purpose of an OH call should be to see how your illness is affecting you and what might be done by way of adjustments in the workplace to help you get back to work.

Alice_Walker

It sounds like Jess has been off for the best part of a year. I'd say it was only responsible for the manager to make them aware that dismissal is a possibility. In many companies she'd have been out long ago.

Jess, the OH call is nothing to worry about, just be honest about your condition and how it affects you. If the report has been requested from your GP then give them a call and ask them to contact you when it is ready for you to view.

Browntoa

Dismissing an employee because of sickness
An employee who is off sick for a prolonged period of time can be fairly dismissed if they are unlikely to be well enough to return to work within a reasonable time.
What amounts to a reasonable time depends on the nature of the job, the specific difficulties encountered by the employer in covering for the absence and the size and administrative resources of the employer.
However, even where an employer is easily able to cover the absent employee’s work and even where it costs the employer nothing to keep the job open, an employer is not expected to have to keep the job open indefinitely.


http://www.rightsatwork.co.uk/employment-law/sickness-absences.html


Capability: Sickness
An employee who is off sick for a prolonged period of time can be fairly dismissed if they are unlikely to be well enough to return to work within a reasonable time.


What amounts to a reasonable time depends on the nature of the job, the specific difficulties encountered by the employer in covering for the absence and the size and administrative resources of the employer.


However, even where an employer is easily able to cover the absent employee’s work and even where it costs the employer nothing to keep the job open, an employer is not expected to have to keep the job open indefinitely.


Before an employer can justify dismissing an employee for long term sickness they must:-


1. Investigate the employee’s sickness and specifically find out how long it is likely to be before the employee will be able to return to work


2. Arrange a meeting for the employee to respond to any information the employer has and put their point of view forward if they think their job should remain open longer





The investigation


The investigation is likely to involve speaking to the employee and carrying out some medical investigation. The employer can ask the employee to sign an authority to enable the employer to obtain copies of their medical records, and the employer can ask them to attend a medical examination. An employee is under no obligation to agree to these, but as long as the employer has attempted to carry out these investigations any subsequent dismissal is unlikely to be unfair.


It is important that the employer bears in mind at all times that if the employee is deemed to be disabled under the provisions of the Disability Discrimination Act, the employer is required to consider whether there are any reasonable adjustments that can be made to enable the employee to return to work. Both employer and employee need to be involved in these discussions: the employer best knows what he requires and the employee best knows his own restrictions. When commissioning a medical report the employer should ask the Doctor to consider whether the employee is disabled and whether there are reasonable adjustments which would enable the employee to return to work. [See Disability Discrimination]

Jess12

I'm not ready to come back to work yet though and feel like im being pulled in by my boss! She is being clever tho and phoning me to scare me over things rather then text me them as would of been kept for all to see.

McKneff

unplug your phone....
Change your mobile number.

Thats it. They will have to communicate by letter...

k3lvc

I've been in a similar situation to you but

a) I engaged OH early in the process on my terms and they they acted as a barrier between me and manager - no option for bullying (or for me to perceive their contact as bullying)

2) I worked on a timescale to return to work - phased, again on my terms but at least showing willing - the only pressure applied (which to be fair I applied to myself) was knowing that soon the money (and probably their patience) would run out

On the basis at this stage they have no idea when (or even if) you're likely to return so it's not really unfair of them to start asking some probing questions whether you like it or not.

My personal advice would be to engage with OH beforehand and explain any particular stress/anxiety you have and then attend (with a friend/colleague) and answer politely the questions they ask.


Also worth having a think before you go on whether you do actually want to return and what would be acceptable as an alternative (resign/compromise agreement/complaint etc)