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Harassment durin sick leave??

13

Comments

  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Savvy_Sue wrote: »
    But contact on a daily basis about return to work is a bit more than that.
    Dicky2k wrote:
    Tesco have been harassing her almost on a daily basis to return to work
    It's amazing the difference a single word can make. The OP's partner is not being contacted on a daily basis. We actually don't know how many times she has been contacted since her accident, and given the OP's (I'm sure entirely honest) belief that this amounts to harassment it would be natural for his description of the situation to potentially make it sound worse than it objectively is.

    The potential issue of frequency of contact aside, there is nothing unusual or inappropriate in any employer establishing when an employee may be fit to return to work, even if in a limited capacity. There is nothing wrong with the employer seeing the employee at home as part of that process, and there is nothing wrong with making such enquiries whilst the employee is not fit for work. Ultimately Tesco probably don't have all the information at their disposal as to where OP's partner is in terms of her recovery, next steps that are going to be taken in that regard, and so on. I expect a large part of this meeting on Friday will be to gather information in that regard. Clearly they want her to return to work in some capacity as soon as she can, but again there's nothing wrong with making enquiries in that regard even if she is currently unfit to return to work in any capacity.

    Whilst I entirely understand the OP's instinct to protect their partner, the reality is that it would be more helpful to approach this situation with an attitude of co-operation. It is in everyone's interest for the OP's partner to return to work as soon as she is able. Whether or not she is able is a matter for medical opinion, but keeping Tesco updated in that respect is not a bad thing, nor is it inappropriate for them to want to be kept updated as matters progress. The issue of capability and return to work is rightly more complicated than simply whether en employee is able to return to their previous role or not.

    This should not be viewed as an adversarial process. Both Tesco and your partner should have the same aim, namely for her to return to work as soon as she is able. It's just a matter of keeping open good lines of communication so that a proper and appropriate plan can be formulated in that respect.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I agree with CrazyJamie. At this stage, it doesn't sound as though the employer is harassing your partner, it sounds as though they are trying to asses her capacity to work and ability to return.
    It may well be that her injury means that she would not be capable of carrying out alternative duties, but you (and she) need to focus on issues which relate to her ability to work - i.e. the impact of the injury and any treatment, not on things like availability of public transport, which is not really the employer's problem.

    It's unlikely to be helpful for her to be antagonistic and refuse to cooperate.

    As others have said, it is a positive step that they are trying to work with her, not a negative one.

    Quite apart from anything else, if they come out to see her they can see for themselves how the injury is affecting her - it may be much clearer than just a standard doctor's note which may well not convey the full extent of the injury.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • bod1467
    bod1467 Posts: 15,214 Forumite
    It's an employee's responsibility to get to and from work - she chose to work 10 miles from home.

    By the same token, they chose to employ someone who lives 10 miles from the workplace. ;)
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    How are these call being responded too.

    set expectations, like the doctors say is will be at least x weeks before I will be ready to consider anything perhaps you should stop calling "nearly" every day and we will update you in (x-2 weeks) or sooner if things improve.

    Welcome to do a home visit, Sunday 8:30 will be convenient.


    Context can also be a factor whats the previous 12 months attendance/sick record like.

    Does she see any other work people maybe one of them has been really helpful.
  • bod1467 wrote: »
    By the same token, they chose to employ someone who lives 10 miles from the workplace. ;)

    You undertake to get to work on time. It's entirely your responsibility. The employer doesn't care where you live or how you travel. By accepting a job you are acknowledging that you will be able to travel to work as easily as anyone else.
  • Savvy_Sue wrote: »

    But contact on a daily basis about return to work is a bit more than that.

    They want to talk to her. They've agreed to come to her house to do so, as she says she can't travel. I don't think this in any way unreasonable. What do you actually want them to do?

    If she is as bad as you were and accepts this home visit, no doubt they will stop once they have managed to assess the situation.
  • polgara
    polgara Posts: 500 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Dicky2K wrote: »
    M
    Tesco have been harassing her almost on a daily basis to return to work, even though she is on long term sick.

    So they are contacting her regularly - you don't mention if your partner has had a conversation with them or whether they are just trying to make contact and being unable to speak to her so keep trying. You can't just say 'here's my sick note, leave me alone until it runs out'. A home visit can be extremely useful as a sick note is just a document, it can't explain what a person is able to do as well as meeting them face to face and seeing how they are. Plus management may be able to offer assistance - unlikely that they would offer physio at this point but might be useful for when the NHS service stops to help with additional mobility etc.
  • lisa110rry
    lisa110rry Posts: 1,794 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Mortgage-free Glee!
    It's an employee's responsibility to get to and from work - she chose to work 10 miles from home.

    When I had my foot re-built in 2014, I could not put it down for 12 weeks, hence I could not drive, in fact I did my job in a wheelchair. There is scheme whereby an employer can have tax relief on a sum up to £500 to enable them to get a "sick" employee back to work. I used that for taxis to and from work when my husband (retired) was unable to drop me off.
    “And all shall be well. And all shall be well. And all manner of things shall be exceeding well.”
    ― Julian of Norwich
    In other words, Don't Panic!
  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
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    daytona0 wrote: »
    May I inquire as to what your second arm was doing during this time?

    Shoulders are tricky. You may have to be careful how you stretch/twist across your back, neck etc - it isn't just the arm that is affected.
  • motorguy
    motorguy Posts: 22,650 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Rule of BoP. My company does not pay sick, therefore if I am ill, none of their business.. Was called into Humaine Remains about time off after some recent tests, and time off I had taken recently. I asked if she paid my time off. She said no. I said, then what us the point of this interview. She shut her mouth.

    All very well being Johnny Big Balls on an internet thread (and i would suggest in reality the conversation went somewhat differently), but the reality is, if you're off sick, you're not there doing the work they employed you to do therefore either the work is not being done, or someone else is having to take up the slack and do the work you do.

    Its not unreasonable for an employer to ask when you may be fit for work again - whether they're paying you or not - so that they can make business decisions as to how to allocate your work either short, medium or long term.

    I would suggest if you cheerfully feel that there is no impact to a business by you not being there, and as they dont pay you it doesnt matter, then perhaps your job isnt as secure as you think? Certainly i'd be looking carefully at your role and the requirement for it under such circumstances.
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