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Ellie2983
14-11-14, 17:13
My work requested permission to contact my GP which I gave, I have since had a meeting with them about returning to work, my current sick line doesn't run out until 26th December but they are saying the GP letter which says I could return to work if these conditions were met over rides the sick line, (the sick line is dated after the letter), the conditions set out by the GP aren't being met, and I can't physically or mentally cope with the job, I'm really confused as I don't know what I'm suppose to do, my employer has made me feel as if I don't have any choice but to return to work, if I refuse to return will I lose my benefits? Do I have the right to say i can't do this? Any help and advice would be greatly appreciated,
Many thanks

joss
14-11-14, 17:50
Does your place of work have a Occupational health officer? If so have you had any meetings with them?
If I where you, I would make an appointment to see your GP and discuss what he has written. Explain what you have written above to your GP. Your employer should not place you under pressure to return to work if you are not ready.
health and safety issues play a strong part in this.

Ellie2983
14-11-14, 17:59
Does your place of work have a Occupational health officer? If so have you had any meetings with them?
If I where you, I would make an appointment to see your GP and discuss what he has written. Explain what you have written above to your GP. Your employer should not place you under pressure to return to work if you are not ready.
health and safety issues play a strong part in this.

My work said that they would arrange for me to see occupational health but then they received the GP letter and haven't bothered, they had just asked my GP questions and he has answered them for the office work I do, but I am a catering manager and none of the report refers to the kitchen work they are expecting me to do, I have explained about the health and safety risks but they aren't interested,
Thanks for your comment I will try and see my GP in Monday.

nukecad
15-11-14, 05:23
It may sound harsh, but I think you should also be considering whether you want to continue working for such an employer.

If/when you do go back to work, fully fit or not, what is the situation going to be then?
How are they going to treat you in future? What if you have a relapse of some kind?

It's a hard choice and annoying to see employers getting away with this kind of behaviour, but the labour market has been skewed in their favour again; "sick notes" are now "fit notes", people are on zero hours contracts, interns are working for free, lots of other little changes like these mean that they feel able to do what they want.
They can legally get away with things that they wouldn't have even 20 years ago.

I was in a similar situation to yours 5 years ago, requesting letters from the GP and Neurologist, promised working changes that never happened, 'agreements' for getting back to work gradually that were impossible to comply with, etc.
Eventually they terminated my contract for 'excessive absence for health reasons', I was a bit surprised to find that they can do this if they can show that they have tried to accomodate your condition. (Whether they really have or not).

On the brighter side, although I was devastated at losing my job and the subsequent drop in income, I soon realised that all the stress of the situation had now gone and was no longer affecting my health. I was able to concentrate on getting well and on looking for a new job that I could actually manage.

Good luck for the future whatever you decide.

joss
15-11-14, 18:16
Hi Ellie
One question I forgot to ask you is, Are you in a union ? If so get in contact with your rep ASAP for assistance from them.
However I suspect you are not in a union, or you would have mentioned that in your post.

I would also press your employer to see the OHO. They can not simple decide they are going to go with your GP's letter. If they insist on taking the GP route, and refuse to refer you to their OHO. OHO's are there for a reason, not just a title.

By refusing to refer you to OHO your employer is at best negligible in their duty of care to wards you.
So write to your employer and ask for a referral to see the OHO. It is important that you put this in writing for evidence reasons.

Have a read http://www.advicenow.org.uk/is-that-discrimination/got-a-problem/discrimination-at-work-readers-questions,10052,FP.html

Have a read http://www.moneywise.co.uk/work-wages/salary-benefits/your-rights-ill-health-dismissal

Ellie2983
16-11-14, 22:38
Hi Ellie
One question I forgot to ask you is, Are you in a union ? If so get in contact with your rep ASAP for assistance from them.
However I suspect you are not in a union, or you would have mentioned that in your post.

I would also press your employer to see the OHO. They can not simple decide they are going to go with your GP's letter. If they insist on taking the GP route, and refuse to refer you to their OHO. OHO's are there for a reason, not just a title.

By refusing to refer you to OHO your employer is at best negligible in their duty of care to wards you.
So write to your employer and ask for a referral to see the OHO. It is important that you put this in writing for evidence reasons.

Have a read http://www.advicenow.org.uk/is-that-discrimination/got-a-problem/discrimination-at-work-readers-questions,10052,FP.html

Have a read http://www.moneywise.co.uk/work-wages/salary-benefits/your-rights-ill-health-dismissal
Unfortunately I'm not part of a union, thank you for the advise I will be writing a letter asking my employer to send me to see occupational health, as well as going back to see my GP, the stress of all this is just making my health worse and I find myself thinking what is the point. I current get ESA but that was based on my SSP entitlement running out and me still being employed but I'm not sure how my benefit would be effected if I just gave my job up, because nothing is worth making my health worse for and right now that's all this added stress is doing.
Many thanks for all your advise it is very much appreciated

Lighttouch
16-11-14, 22:54
When you see the OH they will suggest a phased return to work which might start at 3 days a week - whatever suits you.

If you aren't fit enough to do the job you did they can ask if you would like to share someone else's duties or shadow someone doing a role they think you could do.

Don't forget that the biggest support offered is through Access to Work. It's a self-referral scheme where you initially phone them to discuss disabling barriers you face when returning to work. They will come out and meet you in the workplace to assess your disability related needs.

stormforce
22-11-14, 15:28
Hi Ellie

I would also advise that you phone ACAS and get there take on this there advice could prove very useful...........Paul