Where do I stand

jessi_clarke

I went off work when we first went on lockdown as my childminder decided to close, so I had nobody to look after my 3 year old, I was told by my area manager that it was my own fault as I use a private childminder and not a nursery/school based one, I ended up going off with stress and the doctor thought I had had a breakdown due to corona and something that had happened just before lockdown. He gave me a 2 week sick note and was ringing after two weeks, in that time my area manager rang and said she had another job for me in another store but due to public transport I wouldn’t have been able to get there on time or back in time for my children, the doctor then signed me off for 3 months knowing that it was making me worse knowing I couldn’t do what they had asked I then received 2 of the same letter questioning my long term absence and wanting a welfare meeting in may which made my anxiety worse. I went to a welfare meeting 3 weeks ago and was told to tell them what I wanted or how I could go back to work, while in the meeting I was told that I should be back sooner as they are struggling and not to bother coming back for a week if I was planning on taking my annual leave which was for 2 weeks. And I was told that I would be moved shops even though on my sicknote it states that I should be given my original role back in my shop I work in. I received a phone call on Saturday to say that my job was advertised and I would be moved as I wouldn’t move my annual leave or just be paid and to not take it as I’ve already had a lot of time off. Where do I go from here? 

Browntoa

It would have been better to have continued on from your existing thread on the subject I suspect

https://forums.moneysavingexpert.com/discussion/6138827/childcare/p2

Undervalued

jessi_clarke said:

I went off work when we first went on lockdown as my childminder decided to close, so I had nobody to look after my 3 year old, I was told by my area manager that it was my own fault as I use a private childminder and not a nursery/school based one, I ended up going off with stress and the doctor thought I had had a breakdown due to corona and something that had happened just before lockdown. He gave me a 2 week sick note and was ringing after two weeks, in that time my area manager rang and said she had another job for me in another store but due to public transport I wouldn’t have been able to get there on time or back in time for my children, the doctor then signed me off for 3 months knowing that it was making me worse knowing I couldn’t do what they had asked I then received 2 of the same letter questioning my long term absence and wanting a welfare meeting in may which made my anxiety worse. I went to a welfare meeting 3 weeks ago and was told to tell them what I wanted or how I could go back to work, while in the meeting I was told that I should be back sooner as they are struggling and not to bother coming back for a week if I was planning on taking my annual leave which was for 2 weeks. And I was told that I would be moved shops even though on my sicknote it states that I should be given my original role back in my shop I work in. I received a phone call on Saturday to say that my job was advertised and I would be moved as I wouldn’t move my annual leave or just be paid and to not take it as I’ve already had a lot of time off. Where do I go from here? 

Whilst a doctor can make suggestions on a fit note that might allow you to return to work, the company is under no obligation to follow them. They can simply say " if you are not well enough to do your full job as per your contract, then stay off sick until you are better". It is only if you have a disability that the employer is obliged to make "reasonable adjustments".

How long have you been employed? If it is less than two years you have very little protection. Even with longer employment, three months is a long time to be off sick particularly when the employer sees it as open ended.

jessi_clarke

9 years never been on sick before and it is up and I have said I’m ready to go back but now they’ve said it’s too late unless I come back next week and not take my annual leave 

JCS1

When is your annual leave?  An employer can cancel it if they give sufficient notice

jessi_clarke

2 weeks in the end of august 

Undervalued

jessi_clarke said:

2 weeks in the end of august 

OK, well the employer could lawfully cancel that and instruct you to take it at another time if they so choose.
Even with nine years service, three months is a long period of sick leave. Also, most employers are more understanding if the sick leave was for say major surgery where there is a good prospect of a full recovery in time. Probably unfairly, they tend to be more concerned about the type of illness you describe as they may think it is more likely to recur.

I would make every effort to get back ASAP and maybe suggest moving your leave to give you a decent break after one or two months back?

It is best to be gently proactive when dealing with an employer about these sort of issues.

jessi_clarke

I have said I will go back two weeks early but cannot cancel my leave as it’s the 6 weeks holiday and would struggle for childminders which I have told them this and to move me to a different location would cause more upset as of my childminding hours and when I asked where they were going to put me she just shrugged 

Undervalued

jessi_clarke said:

I have said I will go back two weeks early but cannot cancel my leave as it’s the 6 weeks holiday and would struggle for childminders which I have told them this and to move me to a different location would cause more upset as of my childminding hours and when I asked where they were going to put me she just shrugged 

Sorry to be blunt but ultimately your childcare issues are not the employer's problem. Most employers show quite a bit of flexibility but you actual rights are limited to "short periods" of unpaid leave in an emergency situation involving a dependent. That is normally taken to mean a day or so to arrange care, not significant time off to do the caring yourself.

You also have a right to request flexible working which the employer must consider at least annually. However it is reasonably easy for them to refuse such requests on business grounds. Again, being pro active and presenting them with a solution, rather than a problem, usually helps.

Otherwise they can refuse any other request for unpaid leave and, with fairly minimal notice, tell you when you must take your annual leave.

jessi_clarke

I’m not taking unpaid leave? Annual leave Has to be asked for after Christmas for the next year so this was agreed at the time, I have moved weeks before as the business asked and rearranged, I have other plans these weeks as things got cancelled during lockdown and I rebooked them when I knew I had time off 

TBagpuss

Unfortunately, your employer can cancel the holiday, and if you refuse to work those weeks can take disciplinary action against you. 
Similarly, if your contract isn't limited to a single location they can require you to work elsewhere.
t sounds as though the problems you have with agreeing these arrangements are due to child care issues, not to any illness or disability, so they don't have an obligation to make reasonable adjustments as might be the caseif there was a disability.

You can (assuming that you haven't done so within the past 12 months) make a statutory request for flexible working regarding the location / timing of the hours you work, but they don't have to agree to it if there are good business reasons not to. It may well be that you are not the only person with child care issues and that they genuinely can't give you hat you want - especially if they have already agreed adjustments for others who asked first.

If they have moved you and advertised your job n retaliation for you having been ill then you may be able to raise a grievance but I suspect you would find it difficult to prove - it sounds as though they asked you to return and you said no, and therefore they made alternative arrangements to cover the work, which is not unreasonable. 

Could you ask any of the other parents, or your children's friends,  if they might be able to assist on a short term basis until you can arrange child care?