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Employer Tactics

(5 Posts)
Worried74 Tue 13-Mar-18 07:41:44

Hi I wonder if anyone can tell me where I stand with my employer. I have been signed off for 4 weeks. The company occupational health service say that my condition is deemed as a disability, however unless I am unwell it does not hinder my work. In the 4 weeks I have attended a review and was invited to another, however due to the illness escalating I stated I was not well enough to go in to the office but they could come to me. An appointment was booked but they called to cancel on the day after the time of the appointment had passed as they were too busy. At one point prior to the 1st review invitation I visited the supermarket after a doctors appointment (only driver in family, all immediate family ill and could not help, adverse weather meant home delivery cancelled) as we have to eat. I was seen and reported to management. Today I have been signed off for a further week pending test results. I went into my employer after the doctors to update them and they started to talk about medically retiring me. I felt so worried and pressured I agreed to light duties despite the sick note. On my return home I had a letter that states they are reviewing the situation to see if my absence is 'necessary' even though a medical practioner has deemed it so. If they find it unnecessary they will cut my pay and discipline me. They state I refused a meeting (no mention of the one I attended or that I did not refuse but was too unwell to go into them. I made an appointment, they cancelled it and then did not contact me again despite saying they would). The letter goes on to tell me what I have to do to comply with procedure, the implication being I have not done so, but I have done everything within timescale, I have never not complied. My last absence was early 2017. I feel so worried and stressed which again does not help my health. AIBU are they within their rights legally to put me in this situation?

prh47bridge Tue 13-Mar-18 08:43:11

They can discipline you if they reasonably believe that you have been faking your illness. They can dismiss you if your illness means you are no longer able to carry out your job. However, they would be taking a huge risk if they discipline you when they have a sick note from your doctor. And before dismissing you they should try to support you and give you a reasonable time to recover from your illness. Also, they cannot unilaterally cut your pay. They can only reduce your pay with your agreement. Right now it sounds like your employer is getting onto very dodgy ground.

I would write back pointing out that cutting your pay would be an unlawful deduction of wages. You could also set out what you have said here in answer to the charges. You should also say that, if they do choose to go down the disciplinary route, you expect to be given a proper chance to answer the charges before any decisions are taken.

retirednow Tue 13-Mar-18 10:18:20

Do you think they are trying to say you are not well enough to attend a meeting but well enough to go shopping.

Worried74 Tue 13-Mar-18 13:49:24

No. The 2nd meeting was the one I was too unwell to attend but arranged for them to come to me. The shopping occurred prior to the first meeting.

Worried74 Tue 13-Mar-18 13:50:20

Also I was in the supermarket not the pub. My children have to eat!

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