Signed off sick but asked to attend review meeting

elsien

The disability act doesn't exist, it's now the Equality Act.
And it is very likely you would need to off far longer than a week and for or to be more than stress to be anywhere near qualifying as a disability.

anamenottaken

surveyor_101 wrote: »

Since I am signed off with stress I have been told that it!!!8217;s not advisable and I may be protected but disability act.

Is your condition expected to last for a year or more or is likely to lead to your death in a shorter timeframe? If not, it's not a disability which should give you any protection in employment.

Lavendyr

It's the Equality Act not the Disability Act.

They can get rid of you with under 2 years' service for no reason at all.

surveyor_101

Yes I appreciate that but I don!!!8217;t think it!!!8217;s reasonable to expect someone ho is signed off unfit to work to be discussing work performance. Also no concerns were raised prior to 5th April when I became ill.

My contract states I must be available to be interviewed about my absence.

I was doing the job they paid me to do until the 13th March upon which time I was advised to take on further work load as another member of staff was struggling. This member of staff had express concerns about their workload being unworkable. I expressed concerns with my workload and continued to weekly.So by taking one project away in which 3 members of staff had left in the proceeding 4 months.

I appreciate under 2 year makes it!!!8217;s easier to get rid of me but I don!!!8217;t think it!!!8217;s fair and reasonable question me on performance while signed off unfit.

I have a retired and experienced surveyor coming to the meeting as support.

My gut feeling is suggest a negotiated exit since both parties are unhappy.

[Deleted User]

surveyor_101 wrote: »

My gut feeling is suggest a negotiated exit since both parties are unhappy.

All you can do.

Masomnia

You'd probably have a better shout claiming discrimination based on caring for someone with a disability than being disabled yourself though it's tenuous. Although have you actually been diagnosed with depression/anxiety anything like that? If you have then you could try to bring this into it. Stress wouldn't count.

Unless you would count as disabled under the equality act then you need to be realistic about what you're going to get out of this. Drawing up a settlement and negotiating with your solicitor plus legal fees is going to cost them at least a Grand. Plus enhanced notice. Unless you have a realistic claim I don't see them doing it when they can fairly dismiss you.

If you can't return to work you might be best ringing your manager and saying you want to resign and asking nicely if they'll agree on a basic reference that just confirms dates/role. Or if you can tell prospective employers that it was a fixed term contract that came to an end. Most employers are reasonable in my experience and don't want to damage people's careers.

That said, its not unusual for people to do six months in a job and it just not work out, so the employer lets them go. It does happen, probably more than you think. So don't get too down-hearted about it. Employers will understand, and it doesn't have to reflect badly on you. Good luck.

karxlee

surveyor_101 wrote: »

latest version of the letter.



Dear XX

Thank you for your letter dated 10th April 2018.

First of all I am sorry I was not home when you visited on Friday the 6th April 2018, if you had called beforehand I could avoided you having a wasted journey, as I explained I was resting at my mother's house du to my children being home for the Easter Half Term.

I have consulted with my doctor and he feels I am not fit to attend such a meeting at this time and notes that I am covered by a Sick Note stating I am unfit for work until the 19th April 2018. This is due to me being signed off with stress and the medication I am on. He believes the stress is mostly work related but partially because of my daughter's operation and she has been unwell with broken sleep since.

He has issued a new sick note today with 'stress' as the reason to clarify the situation. he also stated that sickness and diarrhoea can be and were most likely symptoms of stress. The previous Doctor who issued the sick note on the 5th April 2018 stating 'family circumstances' did so as I was stressed and embarrassed at my diagnosis of stress related illness. I confirm I am happy for you to contact my doctor if necessary to confirm this.

In light of this, I would kindly ask that the meeting is rescheduled for when I feel better but if you still feel they still need an interview with regard to absence me on the 16th April 2018, then I would like to propose that a meeting be at my home address at 2:00pm as an alternative due to my ill health. If that is not convenient please suggest further dates and times in order to arrange an interview.

As per my contract, I am entitled to be interviewed at home by a member of management when off sick. During this interview, I would like to discuss my absence and measures that may be helpful to aid return work.

Yours sincerely

How are you getting on? Have you had the meeting?