Advice needed on employment issue...

AdviceSought

As a bit of background to this, I was initially signed off work for two weeks by my GP (the 3rd one that I saw, as I wasn't happy with the way the first two dealt with me) with work related stress. At that stage, it hadn't reached depression.

At the end of my time signed off, my GP wanted to extend the sick line for at least a further week. Unfortunately, as I'd discovered I was only to receive statutory sick pay, I declined this and opted to go back to work earlier than I really should have.

After a few weeks back at work, things had worsened for me, so I saw the GP again, and agreed to try anti-depressants. These didn't do anything for me other than leave me very tired and lethargic, which meant more days missed at work.

I then ended up signed off for a further week after that, and my GP changed my medication at the end of last week. He again wanted to extend my sickline, but I felt that I could not afford any more time off work.

I started on the new medication last weekend, and they left me feeling exceptionally tired, so I didn't make it to work on Monday morning. I suggested that in the interim, I try to return part-time and go back to full time hours after Christmas. This was something which was agreed.

Unfortunately the side-effects of the medication has persisted and I didn't make it in to work on Tuesday or Wednesday.

Upon receiving the attached letter yesterday, I called my GP to discuss my situation and he has signed me off for a further fortnight, with the reasons listed by him being "Depression, anxiety and lethargy."

Given the content of the letter from my employer, I don't expect this to go down well at all.

Essentially, at this stage, I'm looking for advice on my rights regarding this and how I should initially respond to the letter.

Should I send something in acknowledging receipt of it and state that I'm seeking my own advice at this stage?

Bogalot

We can't see your letter. Can you tell us what it said?

Also, how long have you worked there, what is your total time off sick and over what period?

AdviceSought

Bogalot wrote: »

We can't see your letter. Can you tell us what it said?

Also, how long have you worked there?

I've been there for 18 months.

Letter essentially states:

• They believe my absence is causing an adverse effect on the business;
• Request for permission to see my medical records relating to my absence;
• Happy for, as previously discussed, staged return to work over rest of 2016, but looking for me to be back full-time on 3rd Jan;
• If unable to do so, would I consider other part-time employment in company. Or may have to consider my viability for continued employment;
• All future absences must be medically certificated.
  

Is it wise to send something in acknowledging receipt of this and tell them I'm initially seeking my own advice?

Undervalued

AdviceSought wrote: »

I've been there for 18 months.

Letter essentially states:

• They believe my absence is causing an adverse effect on the business;
• Request for permission to see my medical records relating to my absence;
• Happy for, as previously discussed, staged return to work over rest of 2016, but looking for me to be back full-time on 3rd Jan;
• If unable to do so, would I consider other part-time employment in company. Or may have to consider my viability for continued employment;
• All future absences must be medically certificated.
  

Is it wise to send something in acknowledging receipt of this and tell them I'm initially seeking my own advice?

Keep in mind that with only 18 months service they could just terminate your employment without even giving a reason. Your only entitlement would be to a week's notice (or more if specified in your contract) and to any accrued holiday pay.

So, the firm are being quite reasonable here and I can only suggest you cooperate fully with them.

Even your SSP is costing the firm money (they no longer get this back from the government) so, even if they value your services they will want to see you back before long.

TBagpuss

Their letter is reasonable and sems fiarly standard.

Although as you have worked there for under 2 years you could be dismissed for any non-discriminatory reason, it loks to me as though thea re probably following a standard process.

The request for your records may be with a view to involving occupational health to see what supprt or other adjustmnts may be appropriate. If their letter is not clear about that then it would be entirely resaonable for you to ask why they want the records nad how will see them.

the sugestion of part time work sounds like an attempt to acommodate your capacity to work, if your health issues continue.

Capacity to carry out your job (including where the incapcity is due to ill-health or dsability) is a valid, fair reason or dismissal so again, I think thatthey are probably ollowing a standard proceedure to warn you that that could be a possible outcome.

I thin kthe only part of their letter which may be quesionable is asking for the medical records unless they have made clear who would have access to these and what the reason for the request is.

I hope that you start to recover soon.

Undervalued

TBagpuss wrote: »

Their letter is reasonable and sems fiarly standard.

Although as you have worked there for under 2 years you could be dismissed for any non-discriminatory reason, it loks to me as though thea re probably following a standard process.

The request for your records may be with a view to involving occupational health to see what supprt or other adjustmnts may be appropriate. If their letter is not clear about that then it would be entirely resaonable for you to ask why they want the records nad how will see them.

the sugestion of part time work sounds like an attempt to acommodate your capacity to work, if your health issues continue.

Capacity to carry out your job (including where the incapcity is due to ill-health or dsability) is a valid, fair reason or dismissal so again, I think thatthey are probably ollowing a standard proceedure to warn you that that could be a possible outcome.

I thin kthe only part of their letter which may be quesionable is asking for the medical records unless they have made clear who would have access to these and what the reason for the request is.

I hope that you start to recover soon.

Yes, the phrase "access to my medical records" is generally misunderstood.

The records (with the OP permission) can be made available to another medical professional such as an occupational health specialist. They can then advise the firm but the non medical staff won't get to see the "records".

Alternatively the firm can ask the OP's GP or consultant for a report (which they will have to pay for) and will of course need the OP's permission. He has a right to see any such report before it is sent. Again there are strict medical guidelines to be followed. Basically it will give the doctor's professional opinion on how his condition may affect his work, the prognosis etc but will divulge the minimum medical detail necessary to do so.

AdviceSought

I was thinking that I should initially send something in acknowledging receipt of the letter and inform them I'll be in touch in due course as I'll be seeking my own advice.

Is that a reasonable step?

I have to say that the receipt of this letter has left my already fragile state of mind even worse.

The bit about part-time roles is irrelevant to me, as the only one there that I'd be able to do is the one I'm currently employed in.

I'm also worried about the impact this will have on my future employment prospects.

AdviceSought

Undervalued wrote: »

Yes, the phrase "access to my medical records" is generally misunderstood.

The records (with the OP permission) can be made available to another medical professional such as an occupational health specialist. They can then advise the firm but the non medical staff won't get to see the "records".

Alternatively the firm can ask the OP's GP or consultant for a report (which they will have to pay for) and will of course need the OP's permission. He has a right to see any such report before it is sent. Again there are strict medical guidelines to be followed. Basically it will give the doctor's professional opinion on how his condition may affect his work, the prognosis etc but will divulge the minimum medical detail necessary to do so.

The bit of the letter regarding medical records:

I would like to request your permission to obtain your medical records from your doctor in relation to your absences from work in order to see if we can facilitate your recovery in any way.

Undervalued

AdviceSought wrote: »

I was thinking that I should initially send something in acknowledging receipt of the letter and inform them I'll be in touch in due course as I'll be seeking my own advice.

Is that a reasonable step?

As I said earlier I'm afraid you are not in a strong position here. I would give them permission to get a report from your GP. This will take some time and maybe give you some breathing space.

If you talk too much about "seeking advice" they may do the same and realise that they could simply give you a week's notice. As TBagpuss has said, they seem to be following a standard procedure when they don't actually need to and that is to your advantage.

Sadly this type of long term absence will not make it any easier to find alternative employment. Only you know how unwell you feel and how likely it is you will be able to return to work in the near future. It is easy for the GP to issue a sick note and I'm sure there is good medical justification for it. However that takes no account of the knock on effects of long term sick leave from work. It is not an easy situation to balance.

Undervalued

AdviceSought wrote: »

The bit of the letter regarding medical records:

We seem to have cross posted!

I would reply saying that they have your permission to contact Dr X for a report about your current illness.

They won't get "your records" as such. They would only be sent to another doctor or occupational health department. But you don't need to spell that out to them!

ohreally

I'd consent to a referral to an occupational health provider. You should be informed what they are asking OH to investigate prior to the consult.