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

Brie

The only reason for you to attend mediation is to get the shift change that you want.  You might also manage to show the colleague to be an complete $£"$£"$ which would be a nice bonus.  As to what to say....just say you want to read a statement.  Have what you have written here in point form, preferably with dates. 

So simply "on 1st June I received a phone call from Bob where he swore at me and made false accusations.  This was made while he was at work and on a work phone so there should be a recording.  He called me on my personal mobile so must have somehow accessed my private information against company policy.  On 15th July I came to work to find the fork lift non operational due to how Bob's shift was allowed to leave it....etc etc"

Don't comment about any emotional issues until you have finished and then advise that you feel undermined, threatened by a colleague and when reported you were not given any substantial support from those managing the teams.

And meanwhile look for another role.  If necessary quit this job if you feel strongely and consider if you could claim for unlawful dismissal (I'm sure that's not quite the right term but someone is bound to know and fill in the blanks.)

elsien

I’m not in HR.
But I agree with others that mediation, properly documented, can’t hurt. 

Have you made a formal request in writing for a shift change, so that they have to give you a proper answer. 

Asking your line manager verbally gives no evidence that the request has been made. 

Are you in a union at all? 

Bungle5393

Sandtree said:

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.

A fit note is not set in stone, if an individual chooses to disregard it and commence/continue employment then that's up to them. eg someone can be signed off for 14 days but decide to return to work after 7 days. As a minimum, the business should do some kind of return to work interview whereby they check in with the employee, agree duties etc and make sure they appear ok to return to work. They may insist the employee gets another fit note from their GP insisting they are ok to return to work, but that's just an admin thing really.

1616french1964

elsien said:

I’m not in HR.
But I agree with others that mediation, properly documented, can’t hurt. 

Have you made a formal request in writing for a shift change, so that they have to give you a proper answer. 

Asking your line manager verbally gives no evidence that the request has been made. 

Are you in a union at all? 

No I haven't but I will.
Would the request have to be given to this manager or HR?
Thanks

1616french1964

elsien said:

I’m not in HR.
But I agree with others that mediation, properly documented, can’t hurt. 

Have you made a formal request in writing for a shift change, so that they have to give you a proper answer. 

Asking your line manager verbally gives no evidence that the request has been made. 

Are you in a union at all? 

And sorry, no I'm not in a union.

Sandtree

Bungle5393 said:

Sandtree said:

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.

A fit note is not set in stone, if an individual chooses to disregard it and commence/continue employment then that's up to them. eg someone can be signed off for 14 days but decide to return to work after 7 days. As a minimum, the business should do some kind of return to work interview whereby they check in with the employee, agree duties etc and make sure they appear ok to return to work. They may insist the employee gets another fit note from their GP insisting they are ok to return to work, but that's just an admin thing really.

Most employers, from my experience, will be very warry of taking staff back when their doctor is still saying they arent fit to be working even if the employee say they now feel fine. Historically employers have always blamed Employers Liability insurance not providing cover in those events but never read an EL policy in enough detail to know if this is true or just urban myth (like the whole you cant give a bad reference).

Obv if the doc is happy to change their opinion then employers will follow the "expert"

theoretica

Definitely a formal request in writing about the shift change - and not to your manager if they are not also responsible for the shift you want to go to - to someone who is responsible for both shifts. 

Who is the manager/manager's manager that both you and your nemesis share?  I would include them in a complaint about not managing the hand overs between shifts so the work areas were in good shape for a productive shift.  The other guy not doing his work should not be your problem - make it his manager's.

TBagpuss

Have you made a formal complaint using your employers grievance process?
if not, do that - be clear that you are raising the grievance as a result of bullying and harassment by your coworker and the failure of your manager to address it.

Separately I think you can say you are willing to try mediation or alternatively that you are not willing because of the level of bullying and the impact it has had on you  but that you would be willing to explore other options that don’t require you to sit down with the individual who has been harassing you.

and yes, meanwhile start looking for alternative jobs.

1616french1964

Jillanddy said:

Putting my cards on the table,  I'm in a similar situation but worse. Because my bully is cleverer, and also is trying to make me (unfairly) redundant. I'm saying that so that I hope you'll listen carefully. This is not about what you want or what you'll agree. It is about STRATEGY. And you are playing this badly. 

First off,  your GP can add notes to fit notes. It's only advice,  but they can advise that your shift is changed. As could Occupational Health. If both say the same thing it is influential. 

Secondly,  never turn down any offer of resolution. You turn down mediation and it looks like you are the problem. Then if that doesn’t resolve it,  then it's a formal grievance. 

Finally,  sorry but do not do as Brie suggested. If you quit you MUST have exhausted grievances and appeals and still not have a great case. The "blanks" are that constructive unfair dismissal is almost impossible to win.  If you must move on,  do it.  But don't expect support from the law. Its really rare. And you definitely can't even begin to win if you refuse mediation. You may not believe it will work, and you may be right. But if you refuse to try,  who is being unreasonable now?. Let him refuse, but you keep an open mind... it can't get any worse now,  can it? 

I see your point regarding mediation but the truth is I've never retaliated or played childish games once in the 8 months since this happened.
If I'm 100% honest if I was put in a room with him I'd end up blowing my top over what's gone on....I can't trust myself.
Even the team manager who keeps ramming the.mediation route down my throat knows I'll react badly.
Previous conversations when the investigation over the initial incident took place he'd ask me whether I would be prepared to sit down to mediation and within a split second he would write 'No' before I'd even answered because he knew I'd probably do something I'd regret.

Hmmm, strange that our occupational nurse says she can't get involved and her only job is to get me back to work.

[Deleted User]

1616french1964 said:

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?

HASWA Sec 2(1) Employer must protect the HS&W at work of all their employees
2(2) Provide & maintain plant & systems of work that are safe & without risk to health
2(2)c Provide safe place of work, safe access/egress, safe working environment

Risks to health includes mental health.

MANAGEMENT OF HEALTH AND SAFETY AT WORK REGS 1999
Reg 3 Risk assessment (significant risks to be recorded), HSE are known to issue improvement notices for lack of or inadequate stress risk assessments.
Reg 5 Health surveillance

Is there a union on-site? If so involve H&S rep.  Two other points, I'd reconsider the invite to mediation, I rarely agree with it but in this case there may be merits.
2nd, give consideration to prosecuting a grievance, again obtain assistance from trade union.