We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that dates on the Forum are not currently showing correctly. Please bear with us while we get this fixed, and see Site feedback for updates.

Harassment durin sick leave??

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.
Almost..debt free.. :P:money:
«134

Comments

  • motorguy
    motorguy Posts: 22,597 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Dicky2K wrote: »
    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.
  • TELLIT01
    TELLIT01 Posts: 17,494 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    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.
  • Dicky2K
    Dicky2K Posts: 495 Forumite
    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:
  • Undervalued
    Undervalued Posts: 9,375 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 31 May 2016 am31 11:36AM
    Dicky2K wrote: »
    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?
  • Tiddlywinks
    Tiddlywinks Posts: 5,777 Forumite
    I've been Money Tipped!
    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:
  • pmlindyloo
    pmlindyloo Posts: 13,073 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.
  • Dicky2K
    Dicky2K Posts: 495 Forumite
    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. Lol
    Almost..debt free.. :P:money:
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Dicky2K wrote: »
    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?
  • Tiddlywinks
    Tiddlywinks Posts: 5,777 Forumite
    I've been Money Tipped!
    Dicky2K wrote: »
    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:
  • Undervalued
    Undervalued Posts: 9,375 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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!
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 348.3K Banking & Borrowing
  • 252.1K Reduce Debt & Boost Income
  • 452.4K Spending & Discounts
  • 240.9K Work, Benefits & Business
  • 617.2K Mortgages, Homes & Bills
  • 175.7K Life & Family
  • 254.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.