Help! does anyone know if my Manager is right

Mistyang

I have been off work sick for 8 weeks with stress related problems. Briefly, my husband fell seriously ill and was in hospital 3 times since xmas, he has COPD and things were awful. I work as a PA for the NHS and 2 secs left in Dec and work was extremely stressful too. We only got married in Dec and had to cancel our honeymoon. My Mum was ill and all this combined piled the pressure on me.
My GP signed me off on 10 Jan. My current sick note expires on 3 April. I have not been sleeping and my GP gave me some tablets to help but not to take all the time. I was also having problems with Plantar Faciitis and in Feb had cortisone injections in my feet (although this was not on my sick note).
I went to see Occupational Health at my Employers request. The young Doctor I saw was most unhelpful, was not listening to me and said I should return to work at the end of February. My GP over ruled this and gave me a further certificate until 3 April.
Then I received a letter to attend today at HQ with my Manager, an HR rep and my immediate Supervisor,.
A that meeting today I was asked what my husbands condition is (COPD) and was told that I looked well enough to work. I was asked about work related stress and explained that I was struggling working for 2 COnsultants due to the 2 secs leaving in Dec. I was told this was resolved now and I could return to work on reduced hours.
I then said "when my current sick note runs out..." and I was interrupted with "No I am not talking about when the note runs out I am talking about this week"...I was dumb struck then....The only person with any input during the meeting was the Manager, the HR person and my supervisor said nothing.
I said "I need to see to things at home and visit my mother this week"..
the Manager said "Well then it is Easter this week so you can return to work a week on Tuesday"... then I was shown out of the door.

I understood it that if you were signed off then you could not return early to work for Health & Safety reasons, as if you were to have a mishap then the Insurance would not cover you.

I also understood it that my GP was acting in my best interests. I have a further appointment with a different Doctor at Occupational Health on Wednesday.

I also feel I need to see my GP tomorrow to explain all this to him as I am very upset and feel like I am being harrassed/bullied in a way at a time when I dont need it.

I am not in the Union however I may contact them tomorrow for advice, or see if I can join.

I read on a Work Related Law site today a post by an Occupational Health doctor who said they knew better than any GP or Consultant, I found this a bit odd really.

Anyone been in this situation who can tell me where to go from here I would appreciate it. No wonder I cant sleep. Thanks Mistyang

nickismee

From my understanding.. they cannot ask you to come back to work early. It's illegal or something along them lines.

No one can tell you, you are fine to work just by looking at you.. if they try to sack you, you can claim unfair dissmissal.

If you need to attend any other meeting take a work college with you, just as a witness, but the college cannot say anything on your behalf.

If this was me, i would not attend any other meetings.. you are signed off for a reason..

stazi

Mistyang

From your post-
I understood it that if you were signed off then you could not return early to work for Health & Safety reasons, as if you were to have a mishap then the Insurance would not cover you - I believe you are correct, and that your manager is trying to bully you.

I would explain all this to both your GP and this OH doctor this week.

LittleVoice

I would talk it over with your GP - who presumably could also speak with the OH doctor.

dotchas

Hi Mistyang,

I am so sorry you are having problems.I am also having problems with NHS management and my sick leave!

They cannot bully you back to work and you cannot go back until your GP is happy for you to do so.

Although with the NHS, trying to get support is like banging your head off a brick wall!

It might be a good move to write and ask for this demand for you to return to be put in writing .I am sure they wont want it written down.

Good luck and don't let them grind you down!:grouphug: (dodgy group hug!)

Mistyang

Thank you for your replies everyone.

Dotchas, thanks for that I will insist on having the conversation in writing before I return to work.

Its not easy not letting them grind you down when you are stressed anyway. thanks for the hugs...Ang

frannyann

Ang, you have a sick note from your GP stating you are not fit to work. Don't let them bully you into returning before yourGP says you are fit to x

dotchas

Mistyang wrote: »

Thank you for your replies everyone.

Dotchas, thanks for that I will insist on having the conversation in writing before I return to work.

Its not easy not letting them grind you down when you are stressed anyway. thanks for the hugs...Ang

I know how you feel ,I am so fed up fighting them.I have a grievance under way from my last sick leave for my first operation.I was underpaid for 6 months and am still fighting for it.
Now they won't let me use my holidays up at the end of my sick leave so I will lose them and the full pay that would go with them as I am on half pay.
My line says "refrain from work until 1st april and I thought that meant go back on 2nd but they say (they would!) the 1st.

Speak to your GP and ask for it in writing.I am sur they won't do that!
I doubt they can do anything if you have a valid sick line.

robpw2

yes they cant allow you to go back if your signed off its against there insurance policy to knowingly employ employees who are medically unfit to work and thats what a sick note states

cazziebo

I'm honestly shocked at that story, Mistyang! and the HR person didn't say anything? I'm appalled that the NHS could treat employees like this.

if you are unfit for work, then you can not be ordered back to work. The employer is under no obligation to pay you outside of SSP, and can start a disciplinary process on grounds of capability, but they can not order you to work when you have been judged by your GP not fit to do so.

One thing I would point out though - is that if you are asked why you can't return to work the reason is that you are unfit for work, you can't say it is because you have home things to see to, or people to visit. However, if it did come to a tribunal you may have said these things under stress. You don't have to justify why you are off, your GP has made that judgement.

I agree with the other posters - this is bullying. Give ACAS a call - they are great for advice and it's free. https://www.acas.org.uk Your union may be unwilling to get involved as this is something that has already started.. but if they do, then brill - they have access to expert advice as well.

I've been following your threads on other boards - I do hope things pick up for you and your OH. This kind of hassle is the last thing you need.

Mistyang

Thanks Cazzie, I did not mean that I had things to see to at home, I had explained about Bri being sick and Mum is poorly too and its all causing me undue worry and stress. When I went for this meeting I did not know which way they were going to come at me. It was blatantly obvious though that all they wanted was me back behind a desk immediately.

Thank you for the link, I will follow that up for sure Cazzie.

I also think at the meeting I said to them I was not sleeping, the minute I lay down to sleep my head starts, Im worrying about work, Bri etc...and Im awake till gone 3 sometimes. I try to read and cant concentrate...I feel hounded at the moment by work. At no time during this period of my absence do I feel they have left me alone to recover. I even started dreading answering my own phone in case it was them they are making me paranoid now.

I hope that she puts this meeting in writing to me! I am now feeling under pressure to return to work before my sick note runs out but will see my GP as soon as I can before Easter.

Thanks Mistyang

I think I was shocked at her interruption of my saying "when my current sick note ..." and she butted in with her reply, I could not think straight, which is an effect the stress is having on my life at the moment.