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Harassment durin sick leave??

Dicky2K
Posts: 495 Forumite
Morning all. My partner and I had quite a major car crash a few weeks back. My partner shattered her shoulder and has since had to have an operation to fix a metal plate in there to help the bones fuse back together.
She works for Tesco as a dotcom delivery driver, so obviously this involves a lot of heavy lifting.
Tesco have been harassing her almost on a daily basis to return to work, even though she is on long term sick. The accident only happened less than 6 weeks ago, and her arm is still in a sling.. She hasn't even started physio on it yet, and now Tesco have left a message saying that on this Friday they're gonna give her a 'home visit'.
They've asked why she can't get into store to see them, but I am back to work, and she can't drive yet obviously.
Their words to her were 'why can't you come back and do alternative work, but her sick note states 'not fit for work'.
Just after some sort of advise really as I'm seeing this as harassment.
Thanks in advance.
She works for Tesco as a dotcom delivery driver, so obviously this involves a lot of heavy lifting.
Tesco have been harassing her almost on a daily basis to return to work, even though she is on long term sick. The accident only happened less than 6 weeks ago, and her arm is still in a sling.. She hasn't even started physio on it yet, and now Tesco have left a message saying that on this Friday they're gonna give her a 'home visit'.
They've asked why she can't get into store to see them, but I am back to work, and she can't drive yet obviously.
Their words to her were 'why can't you come back and do alternative work, but her sick note states 'not fit for work'.
Just after some sort of advise really as I'm seeing this as harassment.
Thanks in advance.
Almost..debt free.. :P:money:
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Comments
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Morning all. My partner and I had quite a major car crash a few weeks back. My partner shattered her shoulder and has since had to have an operation to fix a metal plate in there to help the bones fuse back together.
She works for Tesco as a dotcom delivery driver, so obviously this involves a lot of heavy lifting.
Tesco have been harassing her almost on a daily basis to return to work, even though she is on long term sick. The accident only happened less than 6 weeks ago, and her arm is still in a sling.. She hasn't even started physio on it yet, and now Tesco have left a message saying that on this Friday they're gonna give her a 'home visit'.
They've asked why she can't get into store to see them, but I am back to work, and she can't drive yet obviously.
Their words to her were 'why can't you come back and do alternative work, but her sick note states 'not fit for work'.
Just after some sort of advise really as I'm seeing this as harassment.
Thanks in advance.
An amount of contact during sick leave is normal, however it does sound like your wife is the victim of an over zealous HR department.
If she has a sick line saying she is not fit for work then reiterate that to them.
Home visits arent unusual for long term sick.0 -
Employers have a right to discuss the situation with any staff member who is off long-term sick, that doesn't amount to harassment. As she apparently can't get to the office by public transport, the only option left open to the employer is a home visit.
It may well be that once they see her they will accept that it's not currently practical for her to do any form of work, but equally they may offer her office based work until she is able to return to her normal job.0 -
They're talking about trying to offer her 'alternative employment' - handing out leaflets and such, but as I said, her note says not fit for work, not fit for alternative duties. - on top of that, as I mentioned, she cannot drive. - where does she stand with regards to that?Almost..debt free.. :P:money:0
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They're talking about trying to offer her 'alternative employment' - handing out leaflets and such, but as I said, her note says not fit for work, not fit for alternative duties. - on top of that, as I mentioned, she cannot drive. - where does she stand with regards to that?
Presumably she is not entitled to any significant amount of company sick pay over and above SSP?
If she is getting company sick pay then it is generally discretionary so basically they can lay down whatever conditions they like.
Whilst I agree the level of contact you describe seems a little excessive surely the best thing to do is to meet with them, see what is proposed and take it from there?
Regardless of the current wording on her sick / fit note, is she actually well enough to "hand out leaflets" assuming she could get there?0 -
I'd view the offer of alternative duties as a positive thing - they are looking to help your partner back into work rather than threatening capability processes.
It's not unreasonable for them to want to meet up to discuss the way forward.
Not being able to drive means she cannot do the driving job BUT they are offering an alternative. Not being able to drive isn't a good reason not to go into work though.
If your partner is mobile and capable of handing out leaflets or being a meeter/greeter or similar then why not?:hello:0 -
It may be helpful for you to read this:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/464398/fit-note-employers-line_managers-sept-2015.pdf
particularly the section on 'Is the fit note binding on me'.
There may be things about your wife's 'condition' that you have not revealed.
If there are particular reasons why the doctor feels that she should not be returning for any kind of work then I would suggest that her doctor makes it clear (either by a letter or on the Other Comment section of the fit note) of the reasons for this.0 -
Tiddlywinks wrote: »I'd view the offer of alternative duties as a positive thing - they are looking to help your partner back into work rather than threatening capability processes.
It's not unreasonable for them to want to meet up to discuss the way forward.
Not being able to drive means she cannot do the driving job BUT they are offering an alternative. Not being able to drive isn't a good reason not to go into work though.
If your partner is mobile and capable of handing out leaflets or being a meeter/greeter or similar then why not?
Yeah, that's all good, but it's not exactly a local store. It's a good 10 miles away, meaning she can't get there, and she works evenings. No busses leaving at 11pm on a Saturday night normally. LolAlmost..debt free.. :P:money:0 -
Yeah, that's all good, but it's not exactly a local store. It's a good 10 miles away, meaning she can't get there, and she works evenings. No busses leaving at 11pm on a Saturday night normally. Lol
Alternative duties may include day shifts. 10 miles is hardly a great distance.
There's no reason why she should not meet with the employer, either at home or at the workplace. Then they can see what work may be suitable for her and agree a return to work plan for the future.
How long has she been there, and does she wish to continue working there?0 -
Yeah, that's all good, but it's not exactly a local store. It's a good 10 miles away, meaning she can't get there, and she works evenings. No busses leaving at 11pm on a Saturday night normally. Lol
It's an employee's responsibility to get to and from work - she chose to work 10 miles from home.
Are you really expecting her employer to keep her job open and wait an unknown time period just because she currently can't drive to the place of work - even when she might be capable of undertaking adjusted duties?
You aren't being realistic in your expectation that the employer will just sit back and wait for your partner to be fit enough to drive again.
They are offering an alternative role - it's not their problem how she will travel to that post.:hello:0 -
Tiddlywinks wrote: »It's an employee's responsibility to get to and from work - she chose to work 10 miles from home.
Are you really expecting her employer to keep her job open and wait an unknown time period just because she currently can't drive to the place of work - even when she might be capable of undertaking adjusted duties?
You aren't being realistic in your expectation that the employer will just sit back and wait for your partner to be fit enough to drive again.
They are offering an alternative role - it's not their problem how she will travel to that post.
Exactly so!0
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