Work not wanting me back????

Gave return to work in over two weeks ago, my manager said she would speak to main boss about it. I know I have been off work since May but it was Gp who wouldn't sign me back.They said they had to wait for OH report, which he sent me a couple of days after seeing me, he said my medical problems were covered under disability law and that work should consider this.Yesterday I rang work and he told me he had arranged for me to come in in another week for an interview. This does not sound good and I think he is going to get rid of me.I am really angry I didn't ask to get Af or arthritis or to need surgery to release frozen shoulder after having it for over a year.We all age or don't we? I can still work just not as fast as he wants.Plus I need to earn money to buy food, and carry on supporting my family. Help!

4 Replies

oldestnewest
  • I think time to consult someone with experience in employment law and ask to take someone with you into the meeting. Are you a member of a union?

  • How long have you been employed by them? There are laws regarding the treatment of sick employees.

    It makes me furious how companies so easily try and remove difficult employees.

    I have personal experience of this. The company I worked for came to me 3 days before my 65th birthday saying "we know it is against the law to force you to retire but if we give you some money will you go? It cost them a lot of money as I knew a very good employment lawyer to fight my case.

    Try not to be bullied.

    Pete

  • Suzie I suggest you ring ACAS on 0300 123 1100

    They are the best people to give you independent and correct advice, there is a lot of confusion in this area and frankly a lot of guff talked. They will give you the exact and correct current legal position and your rights.

    As I understand it, If they think that your medical condition is affecting your work, then they will need to formally interview you at which they need to present evidence of what they see as the challenge. They are then obliged to try and work with you to find a solution such as working part time, or changing your role in some way. However providing they explore all these options, if they are a small company for example or cannot find another role, then they do have a right to terminate, but only after they have explored all the options and given a fair crack of the whip to alternatives.

    Be well

    Ian

  • Suzie

    Just to add to the above if your GP has signed you as fit to work then you are entitled to go back in on your next working day.

    If they decide that they want a return to work meeting (which they are entitled to do) then that meeting has either to be in the last few days of your sick leave (if a person agrees) or on the FIRST day of your return. Note that they have to pay you for ALL the FULL time hours on day of return.

    If THEY decide for whatever reason to delay that meeting then they have to pay you full salary / wages up to and including the day of the meeting whether or not you do any work. They are fully entitled to refuse to allow you to work and send you home but they have to pay you effectively as paid leave but that money can not be classified as sick leave, taken out of your holiday allowance or taken out of any other leave you are entitled to that has any form of limit. You are no longer entitled to statutory sick pay. If they don't let you work then that is their right to do so.

    I would remind them off the fact that your situation is covered by the Disability Act.

    I would also put key aspects in writing and send by signed for post (aka recorded delivery). In particular about paying you full time until the meeting (tell them verbally as well, if not already done so).

    If they decide that you are to have a phased return but you want a full return then they have to pay you full money.

    If you don't agree with things they are saying say so and tell them to stop at the meeting so you can write things down as you go along. If that makes it a 5 hour meeting so be it. If they say we don't have time to allow you to do that make it clear that that is their problem not yours as it's very important to you to make full notes.

    If at all possible I would definitely have somebody there to support you but not somebody who is a fellow employee (unless they are an additional supporter). This is to prevent the other employee being lent on later on.

    Did your employer pay you money in March this year? If not then you will have overpaid tax for last year and need to claim back from HMRC.

You may also like...