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

Savvy_Sue

It's worth contacting a union, they almost certainly won't represent you immediately, but they may give advice: phrases to use, law and best practice to refer to.

If you don't know which union, Google union finder ...

(I think because we're in a situation where we're working towards official union recognition, my union has accompanied a recently joined member to a disciplinary hearing, so it does sometimes happen. Plus being able to say "I have taken advice from my union" can feel very powerful.)

Purplelady65

I’m sorry to hear about your situation - it must be very stressful. It sounds as if the managers don’t want to manage the situation. I would suggest the following: 

1) Document all the incidents that have taken place - date, time, what was said or done and any witnesses. 

2) Attend the mediation. Although you can’t see any benefit it shows willingness on your part to engage in a process. You never know it might lead to an agreement. 

3) If no agreement through the mediation then take out a grievance or a complaint of harassment and bullying. You will have evidence from documenting all the incidents etc. You can also put that as a resolution you want to be moved to another shift. 

4) Contact ACAS for advice and support. 

5) If you do all the above and management still refuse to take any action then you may have grounds to then leave and claim for constructive dismissal especially if you’ve engaged in all the processes within your workplace. 

Re looking for a new job on sick leave yes, you can do that. The sick leave has been caused by the situation that you find yourself in within your current workplace that is not being managed not an illness that would prevent you from working in another role. 

Good luck in resolving the issue. 

1616french1964

JustAnotherSaver said:

Reading through your post & feel for your position. Just makes me think - how hard headed or just thick can your/an employer be?

My only thought is that they must surely want you gone for whatever reason that may be.

Anyone with half an ounce can tell it's got to the point where mediation is simply not going to work (obviously i'm assuming you're giving a 100% accurate version of events but since yours is the only side we have, that's what we have to assume). It has clearly gone beyond kiss and make up, banging heads together, finger wagging and saying knock it off guys.

Have you asked why they keep rejecting your requests? If you've answered that later in the thread then i missed it.

Good luck & hope you can escape this situation soon. I've been in something similar. Not pleasant.

Again, today I've spoke to the occupational nurse at work as I've been instructed to call her one week then the team manager the following week.
I asked her again when she sent her report to the relevant persons could she add to advise moving shifts.
But again she refused saying she can't get involved in the situation.
I'm 100% sure they can advise managers over situations involving an employees health.

Jude57

Not to nitpick but I'm not certain this 'occupational nurse' is actually an Occupational Health adviser. It sounds to me as though she's what used to be called a 'factory nurse', there to patch up people with minor injuries sustained at work and cast an eye over old style sick notes but not a qualified Occupational Health professional, no matter what title they have. A former employer of mine had an on site nurse but Occ Health was contracted out to an external provider and I wonder whether that's the case here? It would explain why she won't (or can't?) get more involved. Perhaps she's not qualified to do more than she's done up to now. In which case, OP should be requesting a referral to Occ Health who certainly can and do make recommendations which employers would be able to give more weight to.

It also occurs to me that the employer might be reluctant to move OP to a different shift if that shift is viewed as a 'better' shift, say, permanent days rather than nights etc.

1616french1964

Jillanddy said:

1616french1964 said:

JustAnotherSaver said:

Reading through your post & feel for your position. Just makes me think - how hard headed or just thick can your/an employer be?

My only thought is that they must surely want you gone for whatever reason that may be.

Anyone with half an ounce can tell it's got to the point where mediation is simply not going to work (obviously i'm assuming you're giving a 100% accurate version of events but since yours is the only side we have, that's what we have to assume). It has clearly gone beyond kiss and make up, banging heads together, finger wagging and saying knock it off guys.

Have you asked why they keep rejecting your requests? If you've answered that later in the thread then i missed it.

Good luck & hope you can escape this situation soon. I've been in something similar. Not pleasant.

Again, today I've spoke to the occupational nurse at work as I've been instructed to call her one week then the team manager the following week.
I asked her again when she sent her report to the relevant persons could she add to advise moving shifts.
But again she refused saying she can't get involved in the situation.
I'm 100% sure they can advise managers over situations involving an employees health.

Yes, they can advise managers over situations involving an employees health. But that is not the same thing as them agreeing to put what you want to see in the report. And that is what you are telling them to do. 

As things stand, you are at an impasse. You want what you want, and will consider nothing else. The employer says no, and occupational health, for whatever reason, will not agree to recommending what you want. If there is no room for movement, then this is going nowhere fast. And that is only going to hurt you. Because they don't sound like the world's greatest employer (based obviously on what you have said) but they aren't obviously doing anything legally wrong either. They don't have to do anything more than what they have done, and they can either leave you sitting on the sidelines until your sick pay runs out, or dismiss you on capability grounds. Your chances of any sort of legal claim are exceedingly low because the employer has no reason to want or need to move you; you are refusing to co-operate with mediation or any other outcome than the one that you want; and you have no legal right to the outcome that you want. The employers occupational health is not recommending the outcome that you want, so they have no incentive to change their position. 

So right now your options are to return to work, to wait until you have no job, or to find a compromise. And that compromise needs to be to try mediation. It may not work. The other guy might refuse. But in either event you are no worse off than you are now. And you are showing willing. Digging your heels in hasn't worked, and no matter how understandable your views may be, it isn't going to start working any time soon. So you either agree to their compromise and try it; or you suggest a compromise of your own. Do you have one? 

I don't, no.
I've took the advice of some members and contacted ACAS who've sent me some templates on how to proceed the correct way.
Basically asking them for the reasons behind why they won't consider moving me, especially when it's affected me mentally.
And another which shows me how to request a move to another area or shift.
More diplomatic I guess.