Really not sure on what to do I’ve been off work self isolating for 14 days. I went back to work for one shift but felt really unsafe being there. I’m a front line worker and work for the NHS as healthcare assistant. I spoke to occupational health at work and they said that I couldn’t work on the covid wards and I should only work in clean areas, they also said to social distance and I could carry on in my role. I’m not sure how I can social distance when I look after patients. I spoke with line manager who has been really supportive and basically she said without the letter from government really I’m expected to come into work. I felt so anxious not sleeping or eating so spoke to a doctor who told me the same. As a last resort I had to get a sick note for anxiety and stress. Has anyone any ideas? What would you do if you were in my situation?
If it were me I would do all I could to not work. My daughter is an ED ACP in training and is shielding (much to her disgust) as HER Occy Health says she cannot work there and they can't find an alternative non-patient contact role for her. She says that there are a lot of staff from the non-CV wards going down with it so it isn't a solution either. My other daughter should also be at least stringent distancing - she is working and says she might even feel safer on a CV ward as they at least have proper PPE.
That’s why I feel so unsafe, my manager has offered me to work in the non covid area but how do you know who’s got it and who hasn’t? I’m that anxious I can’t leave my house never mind go work on an acute admissions unit for 12 hours. I just seem to be going round in circles
Apparently the call centre roles aren't any better - people are going in with symptoms because if they are off they don't get paid. I'd thought the older daughter could have done that as she used to work for them when doing her nurse training.
If you are anxious - you won't be working safely, wherever it is.
I'm sorry to hear that you are in this very stressful situation.
ARMA sought the advice of a solicitor working in employment law for their guidance in this matter. We're working on a new page for our website, which I hope to publish by the end of this week.
I am in a high risk group but haven't been instructed to shield. Can my employer sack me if I don’t come into work? Can I get sick pay?
If your employer were to dismiss you for refusing to work in this situation then you may have a claim for automatic unfair dismissal under s100(1)(d) or (e) of the Employment Rights Act 1996 (“ERA”), no minimum qualifying period of employment is required to bring this claim.
ss100(1)(d) and (e) ERA state
(d )in circumstances of danger which the employee reasonably believed to be serious and imminent and which he could not reasonably have been expected to avert, he left (or proposed to leave) or (while the danger persisted) refused to return to his place of work or any dangerous part of his place of work, or
(e)in circumstances of danger which the employee reasonably believed to be serious and imminent, he took (or proposed to take) appropriate steps to protect himself or other persons from the danger.
It would be important that you explain to your employer (providing proof if required) why you consider yourself to be in a high risk group and explain the need for you to self-isolate, if your employer ignores this and dismisses you if you don’t come into work then you may have a claim. It is important to act reasonably as a tribunal will scrutinise your actions under s100(1)(d) or (e) ERA as applicable. It would be prudent to get an ‘isolation note’ from the NHS 111 online website. If you are incapable of working due to COVID-19 you will be entitled to SSP.
Disclaimer
This summarises the general position at law only, and the position may vary on the facts of each individual case. If you are sacked you should seek advice on your individual situation urgently. Please note that you are normally expected to bring a claim to the Employment Tribunal within three months.
Thank you for your reply. I have thought about a lawyer but didn’t want to go down that route. I have worked for the NHS for 12 years and have a good relationship with colleagues and managers. I have only had time off sick when I was in hospital (on my own ward) with a flare but apart from that I have a pretty good sickness record. I think I am going back to doctors to get another sick note. I don’t have a good relationship with any of the GP’s at my surgery as I see my rheumatology doctor at the hospital and I’ve tried to get hold of him and can’t
You wouldn't necessary need to seek legal guidance, but I thought it might be helpful for you to know where you are likely to stand with the law if you decided not to go in to work.
Many rheumatologists have been reassigned to COVID-19 wards. Do you have a rheumatology helpline number where you can speak to a specialist nurse perhaps?
Thank you, really appreciate your advice. I did speak to a rheumatology nurse and she basically said the same to speak to my line manager and to social distance
Maybe try calling the rheumtology helpline, specialist nurses, or your rheumy's secretary, as Paul suggests. I hadnt received my letter by last week, so rang my rheumy nurse. I received a letter in the rheumy consultant's name. It looks clear mine isn't the first one they've done - I suspect many, if not all, rheumys are sending out additional letters to many of their patients x
Thank you for your advice, I did call Secretary and she said a nurse would call me. I spoke to a nurse who basically said to follow occupational healths advice and to speak to line manager. Occupational healths advice is to work in none covid areas and to social distance. My manager said as this is what occupational health are saying I’m expected to go into work the only other option would be to go off sick which I’ve done, when I spoke to a GP at my surgery about my concerns she basically said there are hundreds of people with medical conditions and still work she wasn’t very helpful
Sorry to hear that. Did your rheumy nurse and Occ Health and GP say you don't meet the criteria for shielding then?
One of reasons I had to seek out a letter from my rheumy is that my principal reasons is interstitial lung disease/bronchiectasis, but neither of these conditions is explicitly mentioned in the general guidance (only "serious lung disease"). Additionally, since they are secondary to UCTD, they may not have been coded appropriately. I had to obtain the detailed guidance from the British Lung Foundation to definitively demonstrate that I'm at high risk.
I wonder if that kind of situation might apply to you? x
Yeah because I am no longer on steroids just hydroxychloroquinne (don’t think I’ve spelt that right) I feel having an autoimmune disease puts me in the high category and especially where I work but don’t seem to get anywhere
Hi, I was in a similiar situation. I work for the nhs in a Health Centre. Like you, I consider myself as high risk because of the lupus & overlap disease I have. I spoke with OH who advised social distancing, not working directly with the public etc, which was going to be very difficult as it is a health centre. I then spoke to my GP who also advised I practice strigent social distancing - my GP said she didnt want me to go to work either, but as I am currently not on immunosuppressants apart from Hydroxy etc I didnt meet the criteria to ‘shield’ at home for 3 months. I didnt go back into work as my anxiety levels were through the roof. In the meantime I seen a few posts on here where a link was posted for the nhs rheumatology guidelines re coronavirus and it clearly stated sle was high risk, regardless of what medication you take. I contacted my GP again and told her this, so she said she would contact my Rheummy for clarity! Turns out I was right my Rheummy said I was high risk and sent me the shielding letter for work straight away. My advice like others have suggested is to contact the Rhemmy secretary again, explain your situation, tell her you have spoke to the nurse but you need a letter to ‘shield’ from work, explain the nature of your work, and how anxious and worried you are. I have no doubt your Rheummy will help you out with this. Dont let the secretary off the phone until you explain your desperate situation, she has a duty to pass this on to the rheummy. Good luck x
Sorry just to add, I also spoke to one really unhelpful GP who wouldnt give me a sick line, as she said that if she were to issue sick notes for everyone that was anxious about going to work, she would be writing sick lines all day!!! She was so unhelpful and rude. But that didnt stop me from making more enquiries to get that ‘shielding’ letter lol, I got there in the end, so it was worth it x
I would highly recommend you stay at home , my niece who is a 2nd year nurse student, she’s 19 has just come down with Corona which she caught at work and she is feeling very ill - it’s just not worth the risk to your health x
I agree with above advise, keep calling them till they give you the letter, even if it is 10 times a day. They will budge at some point. And while you are working on that, get a sick note for literally anything under the sun to cover you. This is your life at stake, and SLE is a high risk disease, regardless of treatment.
Lupus has taught me that if I persistently feel unsafe in a certain situation, I am unsafe in that situation.
I also work in a clinical area. And I remember always feeling so exposed and naked whenever at work when this all started. When I first asked to be released or allowed to work from home, I was repeatedly told that it was unnecessary because I don't work in a designated covid centre, and because I already wear N95 masks, which did not help my anxiety. Around the same time, I also developed a sore throat that would not go away even after two long, high dose courses of antibiotics. When my white cells were checked, they were found to be quite low, which turned out to be a blessing and a curse. It is a blessing because I am now being allowed to work from home, my boss and I were able to figure out some things I can do from home. I am not in contact with patients, but I am still in contact with some work mates. It is a curse because I still have the sore throat, 2 months and counting.
And my rheumy is working on getting some sort of indefinite paid leave for me, hopefully starting this monthend. Hoping for the best.
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