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Surely this can't be legal?! Any HR about?

(31 Posts)
wishesandkisses Sun 12-Mar-17 20:32:05

My partner works in a call centre for a major company (I won't name just in case) and is 3 levels up. He has been on sick for 4 weeks as he has a pain disorder. The doctor is trying find him the best medication but he is still very poorly. He is planning on going to work tomorrow despite the fact he is still grey, sleeping through out the day and taking so many painkillers. His work has started hassling him to come back and Ive suggested getting a sick note. He's replied THEY DO NOT ACCEPT SICK NOTES. Is this legal? I am not a doctor but I can tell you he is not fit for work. The drive alone would be dangerous. But apparently it's all self certification. I appreciate that we would struggle if he got sacked but he is so so poorly that he is going to struggle tomorrow and potentially make himself worse. Any ideas. Tia

flowery Sun 12-Mar-17 20:50:56

What does he mean they 'don't accept them'? Do they hand them straight back? Has he been posting them in so far?

wishesandkisses Sun 12-Mar-17 21:13:37

No he's just been ringing in, they basically let you self certify without a note but if they sack him there is no proof he was even poorly!

Figgygal Sun 12-Mar-17 21:15:14

He needs a copy of their sickness policy to understand what their processes are

If they say they don't need them (which is very unusual) they can't then take action against him for not providing them

mymatemarmite Sun 12-Mar-17 21:18:00

Are they paying him whilst he is off?

ShatnersBassoon Sun 12-Mar-17 21:19:18

Usually self-certification covers only the first 7 days of absence, so he should have had a fit for work note from his doctor after his first week off.

www.gov.uk/taking-sick-leave

LIZS Sun 12-Mar-17 21:20:40

After 5 days he should provide a fit note. How long has he worked there and could he be covered by dda? He could contact acas.

SirNiallDementia Sun 12-Mar-17 21:21:52

A Fit note (dr's note) must be submitted for any absence over 7 days or the absence is deemed unauthorised.

Suggest your husband gets one and sends it in ASAP so the company don't try to dismiss him for unauthorised absence.

Does the company have an absence policy which may shed some light on things?

Has he worked there for less than 2 years?

flowery Sun 12-Mar-17 21:22:10

They are happy accepting that someone is sick for long periods without requiring medical proof of that? How bizarre.

He needs to provide them with medical certificates covering sickness absence beyond the first week, otherwise he's not entitled to statutory sick pay.

wishesandkisses Sun 12-Mar-17 21:37:41

He's worked there a while. I've been begging him to go get one but he states Jr will manage and go back tomorrow. The only way he can get the procedures are at work😩😩what a pain.

CotswoldStrife Sun 12-Mar-17 21:44:23

Can he not get the policy or handbook via an intranet from home? That doesn't sound right, I think he's got that wrong!

sooperdooper Sun 12-Mar-17 22:00:13

That's nonsense, they have to accept a sick note from a GP! Why hasn't he got one already though?

sooperdooper Sun 12-Mar-17 22:01:59

Posted too soon - no wonder they are hassling him about when he's coming back if they've gas no official sick note to back up his illness, I think your DP has put himself in a dodgy situation by not having the sickness verified, no matter what they say

highinthesky Sun 12-Mar-17 22:02:12

Standard procedure is a Med 10 from his GP.

I think his line manager must have his wires crossed.

Ginmakesitallok Sun 12-Mar-17 22:03:51

How long has he worked there? Does he get paid while off?

ineedamoreadultieradult Sun 12-Mar-17 22:05:50

He should have got a fit note anyway to cover himself if they start being cute about it and trying to use this as a way to get rid of him. Call centres are notorious for it.

flowery Mon 13-Mar-17 06:47:33

As he's been seeing a doctor I don't understand why the doctor hasn't already been giving him certificates, but he must get one to cover the last three weeks otherwise he'll miss out on three weeks statutory sick pay.

SookiesSocks Mon 13-Mar-17 06:53:43

He needs to get sicknotes and have them back dated.
If its a large company then they will have a sickness policy and cannot refuse a sicknote. If he is going back to work after a long period of sickness he should get a fit to work note from the GP too.

LIZS Mon 13-Mar-17 06:59:10

Can he ask the hr department to forward him the relevant sickness and absence policies. They may have the option to refer him to Occupational Health.

TittyGolightly Mon 13-Mar-17 06:59:16

Sicknotes haven't existed for some time now (in the U.K.). They're called fit notes now and should be issued to cover any absence beyond a week. We'd be referring to occupational health after 4 weeks too.

SookiesSocks Mon 13-Mar-17 07:00:33

Does he still work there?

flowery Mon 13-Mar-17 08:52:01

The thing is so much of employment law is about who is behaving reasonably and who isn't. He needs to make sure he is in a position to demonstrate that he's done everything he could reasonably be expected to do in order to get his sick pay/not be dismissed unfairly. Just telling them he doesn't feel well for 4 weeks and not turning up to work without providing the required fit notes isn't behaving reasonably on his part.

If his employer say they refuse to accept the doctors certificates he provides as evidence of incapacity for work, that isn't reasonable behaviour on their part. But he needs to be able to prove that he tried.

wishesandkisses Mon 13-Mar-17 11:28:56

He's gone into work today and they've sent him home poorly again. I've demanded that he goes to the doctor's today to get a backdated sicknote. They don't accept them unless they have requested one. One of my friends work in the same company and has verified this. I have asked him to bring the policies/procedures around sickness round so hopefully we can work something else out from there.

wishesandkisses Mon 13-Mar-17 11:30:42

And yes he is being paid his sick

flowery Mon 13-Mar-17 11:38:01

I'm intrigued by this I have to say. Do they put them in the post and send them back?! They're happy to pay sick pay with no doctor having verified the illness? All very odd.

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