Sickness

Hi. I have been invited (demanded) to attend a capability review meeting because of my sick leave. I have to explain myself in front of 5 of my superiors. I am terrified. Is there any back up for us. I am not in union.

[lou60]

I believe you are entitled to have someone with you, in fact I think it's vital that you do, you can get advice from a union rep even if you are not a member. Don't allow them to bully you and don't go alone. Lou

[lou60 in reply to lou60]

Ps. They may be `bosses' they are NOT your superiors xxx

[rosewine]

There is some good information on this particular website, scroll down a bit on the page and you will get to the part that covers if you are sick - rightsatwork.co.uk. I had to go through this myself and you have to be allowed either a Union representative or a work colleague or someone who can act as a witness for you. 5 against one seems absolutely excessive to me it sounds to me that they are bullying you! I was written to and asked to attend a Works Capability test with an independent reviewer who was a doctor and trained physiotherapist. I had to give permission for them to contact my GP for information about my condition and the medication and treatment I was on. I have to admit that I thought his examination, etc was very fair. Unfortunately, his conclusion was that I would not be fit for work in the foreseeable future which was fair enough in my case as I had had a year off work and and at that time there was no sign of my medical condition improving. I had tried to return to work about 6 months into the 12 month period but it was not successful.

There might be more information on the Citizens Advice Advice Net site but unfortunately it is "down" at the moment.

Good luck with everything my heart goes out to you.x

[Malwimmy27]

You do not need to be in a union to take a union rep into the meeting with you. You can also take a work colleague into the meeting if you want.

Good luck with your meeting. I've got something similar next week. Let us know how you get on. X

[fenbadger]

Agree with Rosewine

You are indeed entitled to take someone with you an they can be anyone, "bloke off the street" even.

Do look at that website and the Gov'uk as well. There's lots of good advice. Sadly employers and their managers aren't necessarily skilled in their speciality or in managing people. I'm regularly appalled at the ignorance I meet in management. It's at least as responsible for our slide down the G20 as poor workmanship. (I work for a globally recognised educational institute with a world class computer and IT dept. They still send wage slips and holiday forms through the post. Try to anticipate questions and take some notes with you. Ask to be referred to occupational health. They can't refuse but may try anyway.

gov.uk/taking-sick-leave this has a small amount about your rights. If you HINT (don't say it out right at first) that you're prepared to go to tribunal, they may back off or seek an alternative way. Try to sound positive. You don't want to be like this and what you want most in the world is to be contributing again. I know it can sound like flannel but these groups so often deal with those who want an easy ride out of work or just don't know what they're doing. Any more thoughts and questions please come back and let's talk about it before it's too late.

Even so there's no guarantee my thoughts = or anyone else's - are going to help.

The independent examiner is just that. Independent. Legally the patient's interests come first whoever pays them. It's normal to need information from your doctor and a refusal looks suspicious.

[Reykua]

Hi Juliekp

I went through the same thing three times at my last job before finally being made redundant because that's the only way they could get rid of me I think.

As everyone has already said, get someone to go with you - if only to take down concise notes while their talking or to remind you of things you may have forgotten to mention. As previously mentioned by others, you can actually still get help from the Unions (if they're recognised by your company) even if you're not yet a fully paid up member.

Finally, make sure you have all your medical certificates with you from your GP and if possible, get copies of your health records for the period covered from your surgery to show as proof that you've got an ongoing condition or a letter from your surgery or GP himself. It might cost you - what doesn't these days, but it's worth it.

Try not to be intimidated by your superiors. It sounds like you are a very conscientious and committed worker (like me) who subconsiously feels guilty that they've let the side down by being ill so often. The truth is you MUST remember that it is NOT YOUR FAULT. Unless you have that Mounchen's syndrome or whatever it is where people deliberately make themselves or others ill for the attention, I'm sure you have not enjoyed being ill so go in fighting for your job and state your case.

Don't forget, that by law, they must make allowances for you if your condition is chronic and they HAVE to make reasonable adjustments. Courage is Not the absence of fear, it is taking action in spite of fear. I wish you all the best. Do yourself proud.

[jellynpain]

Hi,

I've been in your position and it's horrible.

I would say you must take someone in with you. They should takes notes and ask one of the panel to read and sign & date read (likely they won't state they agree or not tho). Likewise for any official notes they produce.

Beforehand make sure you have and read a copy of your employers handbook or similar as it should lay out company policy for your situation. My employer & most only allow union rep or colleague to attend with you (choose your colleague carefully). A colleague cannot be refused to attend with you. Never go in alone.

They should advise in writing, specific reason for the meeting you are invite to, if it's first stage of '..?..' meeting (often 3 meetingsbefore final stage, where can dismiss), offer you to bring colleague or union rep, who will be attending.

Read up asmuch as you can. A good employer should arrange helpful adjustments to you at work, possible redeployment (mine played at this, but hindsight and all that).

Hopefully your employers treat you well.

Sorry so long!xx

[kiwibutterfly]

Gosh 5 sounds like a court marshall than a review. Definitely take someone with you and can you back it up with a GP report? Would help I think. Good luck.

[TheAuthor]

Hi juliekp

I am so sorry to read that but I think that you have been given some wonderful advice especially from rosewine and fenbadger. I want to wish you all the best of luck, fingers crossed for you.

All my hopes and dreams for you

Ken

[Hidden]

Thank you all for your very useful information. I am really struggling with this and not sure if I can go through it. I work for local government and feel like they prob already know the outcome. I have had lots of time off (usually a day or 2 at a time) but had 4 months off with clinical depression. I feel really stressed with it all and just feel like quitting.

[VonnyM]

You are entitled to have someone with you. You can go to C.A.B and hopefully they will appoint some as an advocate

[Hidden]

I've got mine on Friday, I'm dreading it. I rang Unison, can't get advice or take a union rep as never been in the union, if I join now they can't advise over an ongoing episode of sickness either, I can only take someone who is employees by the same trust, not a family member, Unison checked that for me while I was on the phone. So, I guess I'm on my own.

its really affecting me sleeping this week since I got the "invite" letter last week…....x