Getting back to work after being off sick

Getting back to work after being off sick

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Discussion

Red Leader

Original Poster:

185 posts

71 months

Tuesday 19th November
quotequote all
Hi All,

Having seen the recent thread relating to dismissing someone whilst off sick we have the opposite issue and would welcome some advice.

My wife works 2 days a week for a charity and has worked there for 2+years. About a year ago she was diagnosed with arthritis in her knee and this has been controlled by pain meds and she has continued to work. Just under 8 weeks ago she underwent an operation to try and relieve the pain but to be honest it has not been a complete success and she really is back to where she was pre op.

She has been off sick and has continuously updated her work and provided GP's notes, 3 weeks ago she contacted them about returning and her immediate line manager asker her if she was 100% OK to return and my wife suggested 80% and so she was told to take a further 3 weeks which would take her up to her permitted 6 weeks before pay stops, she took the first 2 weeks as holiday (6th week is 25.11.19)

In this last couple of weeks she has contacted work about returning and asked for shift dates and all she is being told is that the Area Manager wants to see her the week commencing 25.11.19 and she has been told that "you are no good to us if you cannot do the stairs". My wife has never said she cannot do the stairs and was OK in climbing the stairs prior to the Op.

Her contract states that they must refer her to Occy Health who will decide if she is fit to return and they have made no attempt to do this.

Employment law is a bit of a minefield, we have spoken to ACAS who have said that they cannot decide if she is fit to return.

I am helping the wife compose an email this afternoon which states that she is disappointed not to have her shift for next week and also that she has not received any help regarding the return to work.

Any help/advice would be great

Cheers

RL

Pothole

27,814 posts

230 months

Tuesday 19th November
quotequote all
She should contact her line manager and ask when occupational health are likely to be calling her to discuss her return to work.

Why are the stairs relevant? Is that part of the role? Sounds like the workplace is not properly set up for disabled workers. What would they do if someone in a wheelchair applied for a job?

Red Leader

Original Poster:

185 posts

71 months

Tuesday 19th November
quotequote all
Pothole said:
She should contact her line manager and ask when occupational health are likely to be calling her to discuss her return to work.

Why are the stairs relevant? Is that part of the role? Sounds like the workplace is not properly set up for disabled workers. What would they do if someone in a wheelchair applied for a job?
She did suggest (verbally) to her line manager about 2 weeks ago that if she was going to be referred to Occ Health could it be done before the 25th as she was just sitting at home doing nothing.

Re the stairs, it is a shop and they do need to go up and down the stairs quite often during the day. The workplace is not set up for disabled workers but my wife is not registered disabled and so I assume the rules do not apply here?

Pothole

27,814 posts

230 months

Tuesday 19th November
quotequote all
Red Leader said:
Pothole said:
She should contact her line manager and ask when occupational health are likely to be calling her to discuss her return to work.

Why are the stairs relevant? Is that part of the role? Sounds like the workplace is not properly set up for disabled workers. What would they do if someone in a wheelchair applied for a job?
She did suggest (verbally) to her line manager about 2 weeks ago that if she was going to be referred to Occ Health could it be done before the 25th as she was just sitting at home doing nothing.

Re the stairs, it is a shop and they do need to go up and down the stairs quite often during the day. The workplace is not set up for disabled workers but my wife is not registered disabled and so I assume the rules do not apply here?
The rules don't apply to her. I was just asking a supplementary question.

If she communicates by email, get her to ask again by that medium, if not, write a letter. Unrecorded phone calls are easily deniable.

Red Leader

Original Poster:

185 posts

71 months

Tuesday 19th November
quotequote all
Pothole said:
Red Leader said:
Pothole said:
She should contact her line manager and ask when occupational health are likely to be calling her to discuss her return to work.

Why are the stairs relevant? Is that part of the role? Sounds like the workplace is not properly set up for disabled workers. What would they do if someone in a wheelchair applied for a job?
She did suggest (verbally) to her line manager about 2 weeks ago that if she was going to be referred to Occ Health could it be done before the 25th as she was just sitting at home doing nothing.

Re the stairs, it is a shop and they do need to go up and down the stairs quite often during the day. The workplace is not set up for disabled workers but my wife is not registered disabled and so I assume the rules do not apply here?
The rules don't apply to her. I was just asking a supplementary question.

If she communicates by email, get her to ask again by that medium, if not, write a letter. Unrecorded phone calls are easily deniable.
That's been included in the email we sent today, thanks for your advice.

Jasandjules

63,394 posts

177 months

Tuesday 19th November
quotequote all
Red Leader said:
The workplace is not set up for disabled workers but my wife is not registered disabled and so I assume the rules do not apply here?
Your wife does not have to be registered disabled to be deemed disabled for the purposes of employment law.

gobshite

150 posts

210 months

Thursday 21st November
quotequote all
When did your wife’s fitness note expire and what is detailed on it,

I run occupational health within the business I work for with my primary fiction being safety,

There are numerous options, amended duties being one along with a phased return to work.

Pm me if you want to talk off line, any reasonable sized company should absorb a little disruption to assist with an employees return to work.

Kind regards

Angelo

Red Leader

Original Poster:

185 posts

71 months

Friday 22nd November
quotequote all
gobste said:
When did your wife’s fitness note expire and what is detailed on it,

I run occupational health within the business I work for with my primary fiction being safety,

There are numerous options, amended duties being one along with a phased return to work.

Pm me if you want to talk off line, any reasonable sized company should absorb a little disruption to assist with an employees return to work.

Kind regards

Angelo
Hi Angelo,

The certificate says that she is off due to pre op (this is the 2nd note issued by GP which he was not happy about but it was the workplace suggesting that she takes some more time off) As of today 22.11.19 the note expires and this is why she is waiting for her shift days for next week

RL

lyonspride

2,379 posts

103 months

Friday 22nd November
quotequote all

These days the problem with being off work sick, is that no matter what proof you have, some people still think your taking the piss.

Red Leader

Original Poster:

185 posts

71 months

Friday 22nd November
quotequote all
lyonspride said:
These days the problem with being off work sick, is that no matter what proof you have, some people still think your taking the piss.
I agree, I run a business and have staff and so I see it from both sides. The issue is that 2 weeks ago she was ready to return and told her manager this but she asked if she is still in pain and she said "same as before, operation hasn't helped" and so her manager told her to take another 2 weeks off.