Time off work, with a twist!

Author
Discussion

Jonsnow606

Original Poster:

116 posts

114 months

Thursday 11th December 2014
quotequote all
This is a long one!...

I'm currently off work (at their discretion) due to my health (epilepsy), and I assume them covering their back for health and safety reasons.

My job is quite a physical job, working for a large vehicle manufacturing company, and due to quite a severe seizure at work, have been told to stay off work until they get a comprehensive report from my hospital neurologist.
This seems to be taking its time and I've already been off work for almost 2 months. I've been told by HR I need to keep getting sick notes from my GP to cover the period I'm off.

Now the company I work for are not the most trustworthy place to work for, and have been known to try their luck at getting rid of anyone with health issues.

I've made it clear to them I'm ok to be at work, to be honest I'd rather be at work than sit at home!

I want to make sure I cover my back for the record, and to make it clear that this time off is at THEIR discretion.
Do I NEED to keep providing sick notes?
would it not show on record that I'm to unwell to be at work on my own account with these notes I'm having from to provide?

TobyLaRohne

5,713 posts

206 months

Thursday 11th December 2014
quotequote all
Surely they don't dictate how long you are off for sickness but your doctor does?!

Sy1441

1,116 posts

160 months

Thursday 11th December 2014
quotequote all
I thought a sick line was a thing of the past?? Is it not a fit note now from the doctor?

Jonsnow606

Original Poster:

116 posts

114 months

Thursday 11th December 2014
quotequote all
I can only tell my doctor what my employers tell me..which is that they DON'T want me to come into work until they decide I'm ok to return... When that'll be I have no idea. They've not given me a date as of yet...

He thinks it's strange behaviour on their part, but what's he supposed it do, apart from give me these notes!?..

I've told him to ring occupational health, or hr to get further information, which he may do the next time I go see him.

Edited by Jonsnow606 on Thursday 11th December 16:36

edc

9,235 posts

251 months

Thursday 11th December 2014
quotequote all
If your GP agrees that you are fit to work then ask him or her to put that in writing. Forward that note with a cover letter stating you are happy to work (assuming you are). If you keep getting sick notes then this will likely count as sickness absence and at some point you will be on reduce dor no pay. It really does not take long for a Company to arrange for you to see a medical professional to assess you and obtain a medical report.

Countdown

39,885 posts

196 months

Thursday 11th December 2014
quotequote all
Sounds like they may be trying to go for dismissal on grounds of incapability. A particularly evil CEO I used to work with tried the same thing with a woman who was off with stress because her mum died. To be fair she HAD been off for 4 months but still.....

mike9009

7,007 posts

243 months

Thursday 11th December 2014
quotequote all
I was diagnosed with epilepsy eight years ago. I had a series of three seizures over three months. Since then I have had no reoccurrences.

My employer was extremely supportive. I was (still am) in a senior role and they provided transport for me to visit customers/ suppliers/ training courses etc. I work in a relatively dangerous environment and this was risk assessed to ensure mine and others safety.

Other employees have obviously been treated in a similar manner, but with different medical conditions and job roles. Our company prefer to get people back into work and being productive as soon as possible. Each case is risk assessed with the aid of occupational health professionals and the employee maybe moved to a different role to aid recovery or ensure safety.

I find the approach your employer is taking a little odd, especially as you seem to be willing to go back to work. I would contact the HR department asking them to assist your return to work. I am a little confused as you seem to be indicating your doctor is still writing sick notes to cover your sick pay?

I would also check your contract with regards to sick pay. You might be heading towards the maximum allowance (at our place it is 12 weeks per annum).

Best of luck.....


Mike

PorkInsider

5,888 posts

141 months

Friday 12th December 2014
quotequote all
TobyLaRohne said:
Surely they don't dictate how long you are off for sickness but your doctor does?!
It doesn't really work like that.

A company doesn't have to follow a GP's recommendation regarding sick leave, either in granting the time off or in allowing you to return to work.

Jonsnow606

Original Poster:

116 posts

114 months

Friday 12th December 2014
quotequote all
To be fair, so far my employers have been relatively supportive, I'm alittle paranoid due to some of the horror stories I hear with how others have been treated, but every case is different.

With regards to my doctor and sick notes, I've fully explained my situation, and the instructions of my employers. He's signing me off work, (with my illness written on the note), EXACTLY what my employers have instructed.
I've seen two different work doctors on my employers request and have reports back from them both.
They both have a very similar theme.
They've set out certain constraints until they hear back from my Neurologist.
These mean I'd struggle to do the current job I do, but the place I work for employs 1000's of workers, and I'm sure there's many other roles I could do that wouldn't break them.

The reports also also mention "the disability discrimination provisions of the equality act 2010 applies in my case"...
Not sure whether that helps or not!?...

The bottom line is

  • I have epilepsy,
  • My employers, on the advice of their doctors have decided I can't (for the moment) do the job I'm paid to do due to my illness,
  • long term prognosis will be that I'll either need to live with it and continue to try different combinations of drugs, as the medication(s) I'm currently on, and ones I've been on in the past have not controlled my seizures, and hope I can find a drug that works (which according to my Neurologist is very unlikely) OR go down the brain surgery route (which doesn't guarantee to cure my illness).
  • I've been told not to come into work until they get this report, and they can then make a decision on the type of role I can carry out.
  • Until then, they're instructing me to keep going to my gp, and requesting a sick note
  • As I'm off at their discretion, do I NEED to keep providing these endless sick notes?
I think the fact that there is potentially light at the end of the tunnel works in my favour, and obviously assures my employers to support me as much as possible.
I might just be worrying over nothing, but the 'strange' behaviour of the company is what worries me.

I think visiting an employment solicitors may be the way to go, just to see where I stand, and what actions I should be taking to protect myself as much as possible going forward.


Edited by Jonsnow606 on Friday 12th December 00:52

Countdown

39,885 posts

196 months

Friday 12th December 2014
quotequote all
How can you keep getting sick notes if your GP says your fit to work? confused

Pit Pony

8,559 posts

121 months

Friday 12th December 2014
quotequote all
You need to be contacting a Charity connected with your condition, and hopefully gaining support that way.

In my humble opinion having had to do a number of risk assessment courses, and carry out work place risk assessments, it's NOT that you are unfit to work, but unfit for certain types of work due to the risk of an episode, and the possible dangers.

To put it in perspective, I had a bloke returning from having had a heart attack, and with some considerable changes in the way I worked out who did what job, I was able to redesign the assembly line, so he could sit at a bench, and assemble a small detailed subassembly, whilst everyone else was still walking, and lifting and getting fit. It wasn't my first choice, as I really prefer to have an assembly task done by one person start to finish, but I felt it right to try to incorporate his needs given that I could.

My uncle - now retired, had a senior role in a company and had a number of fits in his 40's. His company provided an assistant who also acted as Chauffeur, and had first aid training with particular emphasis on epilepsy.

NDA

21,574 posts

225 months

Friday 12th December 2014
quotequote all
I suspect the company is worried about a disability discrimination action.... you can't do the job due to your illness and they fear terminating your employment.

Have you had any seizures whilst at work?

Jonsnow606

Original Poster:

116 posts

114 months

Friday 12th December 2014
quotequote all
Hi,
that's were the trouble began, I had a seizure at work, that's when all this began..

Human resources
Hr
Management
Union
Doctors

Gives me a headache thinking about who I need deal with at work!

Never mind, I'd take it by ear for now, see were it takes me.

mph1977

12,467 posts

168 months

Sunday 14th December 2014
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Didability Driscrimination providons of the Equality Act applying to a situation id generally a good thing. If you GP and /or consultant think you are fit for work but work don't you should be suspended and therefore not usung up sick pay entitlement.

davepoth

29,395 posts

199 months

Sunday 14th December 2014
quotequote all
Maybe your company will be amenable to you going private to get the report? It'll be the same Neurologist you've already seen, except with pot plants and nicer biscuits. And you'll get everything done much faster.

I can kind of see their point of view if for whatever reason you're off sick for six months or more with no idea of what you might be able to do, or when you'll be able to do it, even if it's not your fault at all.

Centurion07

10,381 posts

247 months

Monday 15th December 2014
quotequote all
PorkInsider said:
TobyLaRohne said:
Surely they don't dictate how long you are off for sickness but your doctor does?!
It doesn't really work like that.

A company doesn't have to follow a GP's recommendation regarding sick leave, either in granting the time off or in allowing you to return to work.
Really? I was under the impression that if you had a sicknote for 2 weeks and you returned to work before that period was up and something happened, the employer would be in a bit of trouble....?