Can I apply for a job and attend interview whilst in the sick?

1616french1964

Just looking for some advice and found this site whilst using Google for an answer.
My problems started almost 8 months ago when I received a threatening phone call at home from a work colleague on an opposite shift.
He actually rang me using the phone on the machine we work on.
Although he denied making threats, he did admit swearing down the phone.
He received a warning as a result of it.
I was obviously fuming, especially as my wife could hear him screaming down the phone as I was sat next to her when I answered my mobile.
I was invited to take part in mediation.
I was puzzled as to why I should take part in any mediation as I was the innocent party and felt I'd done absolutely nothing wrong.
He also rejected the offer of mediation.
As a result of this and how it left me feeling I asked if I could move to a different shift where I would never have to deal with this guy again.
There was a position available on a shift where I would be performing the exact same duties.
My immediate manager rejected my request.
I began struggling with anxiety..to the point where I would feel physically sick knowing I would have to do a shift handover with the same guy.
I ended up getting Vertigo which is linked to stress and also began getting stress hives on my face, head, chest and right thigh.
I reported how I felt to the occupational nurse at work who sent the report on to my department manager and they still wouldn't consider moving me, even though there was a vacant position available.
The nurse recommended I seek medical help which would involve taking anti depressants which would likely prevent me from operating machinery or driving which would've put me on the sick.
I told her I wanted to avoid any time off due to this situation.
Anyhow, after that this guy started playing stupid games to what I can only describe as sabotaging my shift.
I'd come in to work and the place would be a tip, not enough material out for production or his favourite towards the end was to drive the fork lift until it was flat and drive it to the charger in crawl mode and not put it on charge.
My job requires I use the truck for a good percentage of my 12 hour shift.
Each time he'd do this I'd highlight it with my team manager who didn't really seem that interested and each time he'd keep bringing mediation up.
Even operators on this guy's shift were reporting him for his laziness.
My last shift I was in I came in to a flat truck... material to put away then new material to get out, which took my almost 3 hours to do to get caught up.
I've never once retaliated as I find it quite childish.
In the end I just couldn't stand it anymore, I was leaving work totally stressed and barely able to walk as I have osteoarthritis in both knees.
I went on the sick and have been off for 8 weeks now and I simply can't face going back as I know once I'm off the medication that I'll just end up stressed and suffering from extreme anxiety if I have to face him again.
I'm on anti depressants now and Propanol to help with the anxiety and also having weekly therapy sessions.
I was invited into work for an informal meeting with a member of HR and my team manager to discuss my concerns and what could be done to help.
Again, I asked to be transferred to the vacant position and again that was rejected.
They once again suggested mediation?
As if that would help ease the situation, again I refused.
I'm so angry, more so because I've been there over 20 years and not once has any sort of 'Duty of care' been offered.
I truly believe their aim is to get me to resign but I simply can't afford to resign and then have to search for a job which could take a while as I'm in my late 50s now.
Which is why I'm hoping I can legally apply for a job whilst I'm on the sick.
Apologies for the life story but I thought it important to include all facts before getting advice.
I'd be grateful for any advice.
Thanks

Emmia

Why don't you attend the mediation - if he doesn't it shows him in a bad light, also have they given a reason you can't move onto the other shift?

I don't think there is anything stopping you applying for new jobs, just because you're on sick leave though.

Grumpy_chap

Sounds like an awful environment to work in so, one way or another, you need to move on.

I can't see any reason why you cannot apply for another job while you are off sick from this one - for a stress-related absence, it may be the simplest way to reset.

1616french1964 said:

Just looking for some advice and found this site whilst using Google for an answer.
My problems started almost 8 months ago when I received a threatening phone call at home from a work colleague on an opposite shift.
He actually rang me using the phone on the machine we work on.
Although he denied making threats, he did admit swearing down the phone.
He received a warning as a result of it.
I was obviously fuming, especially as my wife could hear him screaming down the phone as I was sat next to her when I answered my mobile.
I was invited to take part in mediation.
I was puzzled as to why I should take part in any mediation as I was the innocent party and felt I'd done absolutely nothing wrong.
He also rejected the offer of mediation.
As a result of this and how it left me feeling I asked if I could move to a different shift where I would never have to deal with this guy again.
There was a position available on a shift where I would be performing the exact same duties.
My immediate manager rejected my request.
I began struggling with anxiety..to the point where I would feel physically sick knowing I would have to do a shift handover with the same guy.
I ended up getting Vertigo which is linked to stress and also began getting stress hives on my face, head, chest and right thigh.
I reported how I felt to the occupational nurse at work who sent the report on to my department manager and they still wouldn't consider moving me, even though there was a vacant position available.
The nurse recommended I seek medical help which would involve taking anti depressants which would likely prevent me from operating machinery or driving which would've put me on the sick.
I told her I wanted to avoid any time off due to this situation.
Anyhow, after that this guy started playing stupid games to what I can only describe as sabotaging my shift.
I'd come in to work and the place would be a tip, not enough material out for production or his favourite towards the end was to drive the fork lift until it was flat and drive it to the charger in crawl mode and not put it on charge.
My job requires I use the truck for a good percentage of my 12 hour shift.
Each time he'd do this I'd highlight it with my team manager who didn't really seem that interested and each time he'd keep bringing mediation up.
Even operators on this guy's shift were reporting him for his laziness.
My last shift I was in I came in to a flat truck... material to put away then new material to get out, which took my almost 3 hours to do to get caught up.
I've never once retaliated as I find it quite childish.
In the end I just couldn't stand it anymore, I was leaving work totally stressed and barely able to walk as I have osteoarthritis in both knees.
I went on the sick and have been off for 8 weeks now and I simply can't face going back as I know once I'm off the medication that I'll just end up stressed and suffering from extreme anxiety if I have to face him again.
I'm on anti depressants now and Propanol to help with the anxiety and also having weekly therapy sessions.
I was invited into work for an informal meeting with a member of HR and my team manager to discuss my concerns and what could be done to help.
Again, I asked to be transferred to the vacant position and again that was rejected.
They once again suggested mediation?
As if that would help ease the situation, again I refused.
I'm so angry, more so because I've been there over 20 years and not once has any sort of 'Duty of care' been offered.
I truly believe their aim is to get me to resign but I simply can't afford to resign and then have to search for a job which could take a while as I'm in my late 50s now.
Which is why I'm hoping I can legally apply for a job whilst I'm on the sick.
Apologies for the life story but I thought it important to include all facts before getting advice.
I'd be grateful for any advice.
Thanks

1616french1964

Emmia said:

Why don't you attend the mediation - if he doesn't it shows him in a bad light, also have they given a reason you can't move onto the other shift?

I don't think there is anything stopping you applying for new jobs, just because you're on sick leave though.

I struggle to find what I could possibly say to the guy first of all.
I haven't done anything to aggravate the guy before or after the event so I just can't think what purpose mediation would achieve.
Like I said in my initial post I think they're pushing me into resigning which is why they're not even considering a shift change.

elsien

You can apply but you need to be honest when asked at the post interview/health check/reference stage. 
I retracted a job offer from someone who applied when he’d been off sick for weeks but told me he’d had no sick days for 3 years. Sickness less of an issue than dishonesty. 

1616french1964

Grumpy_chap said:

Sounds like an awful environment to work in so, one way or another, you need to move on.

I can't see any reason why you cannot apply for another job while you are off sick from this one - for a stress-related absence, it may be the simplest way to reset.

1616french1964 said:

Just looking for some advice and found this site whilst using Google for an answer.
My problems started almost 8 months ago when I received a threatening phone call at home from a work colleague on an opposite shift.
He actually rang me using the phone on the machine we work on.
Although he denied making threats, he did admit swearing down the phone.
He received a warning as a result of it.
I was obviously fuming, especially as my wife could hear him screaming down the phone as I was sat next to her when I answered my mobile.
I was invited to take part in mediation.
I was puzzled as to why I should take part in any mediation as I was the innocent party and felt I'd done absolutely nothing wrong.
He also rejected the offer of mediation.
As a result of this and how it left me feeling I asked if I could move to a different shift where I would never have to deal with this guy again.
There was a position available on a shift where I would be performing the exact same duties.
My immediate manager rejected my request.
I began struggling with anxiety..to the point where I would feel physically sick knowing I would have to do a shift handover with the same guy.
I ended up getting Vertigo which is linked to stress and also began getting stress hives on my face, head, chest and right thigh.
I reported how I felt to the occupational nurse at work who sent the report on to my department manager and they still wouldn't consider moving me, even though there was a vacant position available.
The nurse recommended I seek medical help which would involve taking anti depressants which would likely prevent me from operating machinery or driving which would've put me on the sick.
I told her I wanted to avoid any time off due to this situation.
Anyhow, after that this guy started playing stupid games to what I can only describe as sabotaging my shift.
I'd come in to work and the place would be a tip, not enough material out for production or his favourite towards the end was to drive the fork lift until it was flat and drive it to the charger in crawl mode and not put it on charge.
My job requires I use the truck for a good percentage of my 12 hour shift.
Each time he'd do this I'd highlight it with my team manager who didn't really seem that interested and each time he'd keep bringing mediation up.
Even operators on this guy's shift were reporting him for his laziness.
My last shift I was in I came in to a flat truck... material to put away then new material to get out, which took my almost 3 hours to do to get caught up.
I've never once retaliated as I find it quite childish.
In the end I just couldn't stand it anymore, I was leaving work totally stressed and barely able to walk as I have osteoarthritis in both knees.
I went on the sick and have been off for 8 weeks now and I simply can't face going back as I know once I'm off the medication that I'll just end up stressed and suffering from extreme anxiety if I have to face him again.
I'm on anti depressants now and Propanol to help with the anxiety and also having weekly therapy sessions.
I was invited into work for an informal meeting with a member of HR and my team manager to discuss my concerns and what could be done to help.
Again, I asked to be transferred to the vacant position and again that was rejected.
They once again suggested mediation?
As if that would help ease the situation, again I refused.
I'm so angry, more so because I've been there over 20 years and not once has any sort of 'Duty of care' been offered.
I truly believe their aim is to get me to resign but I simply can't afford to resign and then have to search for a job which could take a while as I'm in my late 50s now.
Which is why I'm hoping I can legally apply for a job whilst I'm on the sick.
Apologies for the life story but I thought it important to include all facts before getting advice.
I'd be grateful for any advice.
Thanks

It certainly is a hostile place to work....for some if you get my drift.
If your face fits, jobs for the boys etc etc 
I think it's my only choice, I don't mind moving on, in fact when I think about it I'm really looking forward to it 

Emmia

1616french1964 said:

Emmia said:

Why don't you attend the mediation - if he doesn't it shows him in a bad light, also have they given a reason you can't move onto the other shift?

I don't think there is anything stopping you applying for new jobs, just because you're on sick leave though.

I struggle to find what I could possibly say to the guy first of all.
I haven't done anything to aggravate the guy before or after the event so I just can't think what purpose mediation would achieve.
Like I said in my initial post I think they're pushing me into resigning which is why they're not even considering a shift change.

In which case, move on to better things.

1616french1964

elsien said:

You can apply but you need to be honest when asked at the post interview/health check/reference stage. 
I retracted a job offer from someone who applied when he’d been off sick for weeks but told me he’d had no sick days for 3 years. Sickness less of an issue than dishonesty. 

To be honest, one of my strongest points is I'm always completely honest.
I've caught so many liars out during my lifetime.
And I despise liars😁

1616french1964

elsien said:

You can apply but you need to be honest when asked at the post interview/health check/reference stage. 
I retracted a job offer from someone who applied when he’d been off sick for weeks but told me he’d had no sick days for 3 years. Sickness less of an issue than dishonesty. 

I hope you don't mind me asking but are you involved in HR?
If so, would you say in your opinion that the company is completely ignoring their Duty of care towards me especially if this situation is causing mental health issues for me.
Are companies obliged to offer this Duty of care?
Especially when there are other options like a shift transfer which would 100% solve my issue?

Sandtree

Admit to not reading the drivers but...

There is nothing to stop you applying for jobs whilst off sick. In theory there is nothing to stop you attending interviews as you are not an employee and so the duty of care, insurance issues etc are all much less 

The challenge would be starting the new job, or agreeing a start date, whilst you are still off sick unless your doctor gave you a partial fit note and then that depends on exactly what that said. It could be complex saying you cannot start on the date they want because you are signed off sick with mental health issues... though most would blame a notice period or pre-booked holiday or such.

Bungle5393

Absolutely no rule or law against looking for another role whilst you are off sick, given the circumstances you describe.

In terms of the mediation, I would give it a go - that way you will know you have at least exhausted all avenues. Your mediation will be carried out with either your line manager and/or someone from HR. I would specifically request that HR are present and that the meeting is documented. A really good starting point from your point of view would be to just read out what you have written in your very first post above - this gives a good overview of the situation, some specific examples, and the resulting impact on your own health. It also details the fact that you have raised concerns via your line manager and they have failed to take action (hence why you need to insist the meeting is attended by HR and is documented). Then it is over to this other guy to see what he has to say in response, and also for your line manager to justify why no action has been taken in terms of moving you to another shift.

If things don't improve, then you can leave the business knowing that you tried your best to resolve the situation. I would then be tempted to speak to an employment lawyer to see about raising a tribunal for constructive dismissal.

I hope you get this sorted.