Is my employer being unreasonable?

[Maxxy]

I wouldn't want to comment without hearing the other party's side of it. I personally, have an employee signed off sick, blatantly going out in fancy dress on Saturday night, as noted on facebook.

[Alex C.]

I have been for a night out (a couple of times) whilst off sick. I've avoided anywhere with bright lights though, because it does affect my eyes. Going to the pub for a few drinks isn't made impossible by vision problems.

[Tipex]

I'm off sick at the moment, I have been for a while now due to complications with an operation. I've kept them informed, most weeks ringing them twice, to let them know that nothings changed (at their request). Every time something has changed, I've rang them immediately.

 

I've agreed to go back on Friday (even though I don't think I'm capable of working at the moment), as it's a short day and see how it goes. They've now asked me to ring in at 8:30am every day this week to see if I'm well enough to go in. I've got a sick note to cover the week, and I'm supposed to be resting where possible, so it's a bit annoying having to get up specifically to call them to let them know nothings changed. If I miraculously recover, then I'll go in - am I being unreasonable or are they?

 

Same happens at my work. They also ask me if i'm going to be better the next day, or if i can visit the doctors, even tho i maybe bed bound

[Tripitaka]

There has been no such thing as a sick note since April. The note is now a 'fit note' now and confirms what you can do. So what does it say you can do?

 

Regarding the illegality of coming back to work when still 'signed off', there is no law that prevents a worker coming back to work prior to the doctors note expiring, nor would it invalidate the employers liability insurance unless this was a stated condition of the policy, which would be unlikely.

 

There are certain procedures laid down which should be followed such as agreeing a return to work plan, adjustments to the work if necessary which may involve the use of professional advice or services to enable this and eventually a structured return to work with reduced hours/reduced workload etc if necessary. If the employer doesn't do this then they will open themselves up to a variety of litigation as the employer has to do everything it reasonably can to protect the employee from harm, both mentally and physically.

 

In relation to the daily phone calls, if they are paying you your full wage and to an extent keeping your job open for you, then they are within their rights to ask that you confirm your attendance/non-attendance each day and it is likely such a clause will be in your contract or staff handbook. However, if you complain that such daily contact is causing you distress then they will have to try and come to an agreement with you as to resolve this, although you will have to justify to them why the calls are causing you such distress.

[Alex C.]

There has been no such thing as a sick note since April. The note is now a 'fit note' now and confirms what you can do. So what does it say you can do?

 

Regarding the illegality of coming back to work when still 'signed off', there is no law that prevents a worker coming back to work prior to the doctors note expiring.

 

There are certain procedures laid down which should be followed such as agreeing a return to work plan, adjustments to the work if necessary which may involve the use of professional advice or services to enable this and eventually a structured return to work with reduced hours/reduced workload etc if necessary. If the employer doesn't do this then they will open themselves up to a variety of litigation as the employer has to do everything it reasonably can to protect the employee from harm, both mentally and physically.

 

In relation to the daily phone calls, if they are paying you your full wage and to an extent keeping your job open for you, then they are within their rights to ask that you confirm your attendance/non-attendance each day and it is likely such a clause will be in your contract or staff handbook.

 

The note says I am unfit for work, and I am not being paid full pay, I am on SSP only.

 

That said, I see no reason to cause a problem, so I will ring them today and tomorrow and then see how Friday goes.

[Coverall]

I thought the whole sick note thing had changed.

 

The doctor now issues a fit note.

The idea being that although you may be sick you may be able to perform light/different duties to your normal routine.

This also gives people the opportunity to still earn rather than just getting SSP, but it is at the employers discretion as to whether he needs anyone on light duties etc.

 

However back to the OP, if you have a sick note you are sick and not able to work. I would question the H&S obligation of the employer having someone at work who is signed off sick, what would happen if there was a fire...?

[Tripitaka]

That said, I see no reason to cause a problem, so I will ring them today and tomorrow and then see how Friday goes.

 

 

 

 

Probably a good idea, especially in times such as these. I am sure your employers will be grateful for you playing ball with them and be more sympathetic to any problems you may have in the future than if you started to demand they stop harrassing you....

 

If you can only manage a few hours then see if they might let you come back for a few hours at first to see how you go and then at least you will be getting some pay on top of your SSP.

[Wildcat]

The introduction of a “fit note” may make the situation a lot clearer.

 

But it has been introduced

 

http://www.dwp.gov.uk/fitnote/

[Wildcat]

The note says I am unfit for work, and I am not being paid full pay, I am on SSP only.

 

That said, I see no reason to cause a problem, so I will ring them today and tomorrow and then see how Friday goes.

 

I suggest talking with your doctor about whether a phased return to work on reduced hours would be appropriate, and if there are any other adjustments he\she can advise on that will protect your health in the workplace. Like for example regular breaks from computer use to rest your eyes.

[Barry Bethel]

I suggest talking with your doctor about whether a phased return to work on reduced hours would be appropriate, and if there are any other adjustments he\she can advise on that will protect your health in the workplace. Like for example regular breaks from computer use to rest your eyes.

 

 

I recommend that you go in Friday and lob yourself down the stairs and sue them

 

not really but they do seem to be putting unnecessary pressure on you to go in dude