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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Feeling Harassed by work

138 replies

SortYourLifeOutMate · 19/11/2020 18:37

I don't know what to do.

I currently work as a Nursing Assistant at a busy hospital. I've always worked 12-13 hour shifts.
I have a serious foot condition that requires surgery. I had surgery booked in that was cancelled 3 days before due to covid.
Since then I have been off work sick, due to doctors saying they don't want me working and making my feet worse before surgery.

Since handing in the first sick note, I have been non stop pestered by work to call, email etc.

My boss knows I suffer extreme anxiety and depression. Is this fair or should I call? Bare in mind my boss is very intimidating and hard to talk to. The constant 'asking to call' is not making matters better.

I don't know what to do. I just think if if was that 'urgent', why not email me to explain?

OP posts:

SpeckledFrogsLog · 19/11/2020 19:08

@SortYourLifeOutMate

I've already said I will contact when I will come back, have just emailed to ask what is so urgent.

Sorry OP but it doesn’t work like that. You can’t just decide to contact them when you’re ready to go back. I’m not sure whether you’re even taking on board the comments I or other posters have made. I hope you are otherwise you’re going to end up out of a job.

Cyllie33 · 19/11/2020 19:09

How long have you been off for, and have you given them a timeframe for your sick leave? Normal practice would be to give a timeframe and extend/check in as necessary. What did the sick note say?

Chloemol · 19/11/2020 19:10

Employers have a duty of care to their employees to make sure that everything is ok, as well as understand exactly why you are off, what the prognosis is etccetc.

They are simply following procedures and your attitude of once I have provided a note and will be of until further notice that will be it is wrong

They will also need to discuss sick pay no doubt, if you are entitled to full pay, for how long etc, and I doubt they would accept until further notice as a term for your sickness, they will want to know what zygote are doing to get it sorted and sitting on your bottom waiting won’t wash.

Certainly in my organisation your attitude would not be accepted and you would be provided very quickly with a copy of the sickness policy, what your responsibilities are, and at what
Point you may be subject to disciplinary procedures depending on previous sickness.

Wandafishcake · 19/11/2020 19:10

I’m sorry I think you are being unreasonable. You can’t just go off sick for an undetermined period and expect never to be contacted until the day you return. You are still part of their team, they are paying your wages and they need to be kept updated about what’s going on with you.

If work have cause to believe that contacting you will distress you (e.g. you were seriously ill or if you were off with stress / mental health problems) then it’s different, but you are just off because of a delayed foot operation.
I know that you say you have mental health problems, but that’s not the reason you are off sick? If your mental health is good enough for you to be in work (if it wasn’t for the foot) then it is good enough to pick up the phone, surely?

MaelyssQ · 19/11/2020 19:12

Assuming you are NHS, then unfortunately it's a requirement for you to actually speak to your manager in person. You may have to attend a sickness review in person as well. A colleague of mine was unfortunate enough to get infected with COVID-19 back in April, she now has long covid with ongoing respiratory difficulties, amongst other problems, and she has to call in on a weekly basis. It's really harsh, and I feel that it is penalising the genuinely sick for the few malingerers who pull a duvet day because they can't be arsed to go in.

Hope you get your surgery soon and make a full recovery

Backbee · 19/11/2020 19:14

Never seen an open ended sick note before, but regardless, employers still have procedures in place, who don't you contact them? It is important they know when you are going to be returning, as if it's over a certain time they can apply for funding for additional hours to cover some of your workload- if they don't know when but you have been off what sounds a long time then they cannot enact that. Also there reaches a point they should be putting you in touch with OCC health. I would be looking to get rid of someone who made zero contact, had an open ended sick note and wasn't responding.

Unsure33 · 19/11/2020 19:19

In our contracts it states when off sick you must make regular contact with your line manager .

AltJ · 19/11/2020 19:19

What's the serious foot condition? There aren't that many.... cancer? Or bunions?

Work are paying you, they have a right to know when you are going to be back at work when the hospitals are heaving and your reason for going off seems a bit dubious. Surely they could find you work to do that didn't mean being on your feet, doing patient's meals etc?

Mwnci123 · 19/11/2020 19:20

Op, try not to worry but do respond to your manager. Organisations do have policies around contact with employees who are off sick, for example I had near daily phone calls from my manager when I was off for the last month before mat leave started, despite having a sick note covering the whole period. She told me it was part of their managements procedure and she had been directed to do it. It felt uncomfortable to be honest, but they were still paying me and it wasn't a massive imposition so hey-ho.

greyhills · 19/11/2020 19:22

@SpeckledFrogsLog

As I said above OP, they likely want to have a discussion with you about your condition, how long you will be off and whether they might be able to make any adjustments to enable you to go back sooner. Or as others have suggested, they may need to clarify something with you. But until you get in touch with them you’re not going to know and they are going to keep contacting you and will get increasingly frustrated with you. Worst case scenario they could reach the conclusion that you’re never going to be well enough to return to work and terminate your employment on health grounds! Or they could decide that failure to cooperate with their sickness management processes means that you don’t qualify for company sick pay.

Just email them!

Did you miss the bit about her working at the hospital, where she is also waiting for an operation that they cancelled, and that she can't work until after the operation?

jessstan1 · 19/11/2020 19:22

@Hadalifeonce

Could you email your boss and ask them to email you back with whatever the queries is?

That is what I would do. They know why you are off sick for goodness sake.

Lou98 · 19/11/2020 19:24

Sorry OP but YABVU. Handing in a sick note doesn't mean you have the right to tell them not to contact you until you tell them you're coming back. They will have a sickness policy in place which will include regular contact - you not willing to comply with this will go against you and they would be within their right to consider disciplinary actions.

From saying you've not contacted them since handing in the first note sounds as though you have sent in more than one and just not bothered to contact them. How long have you been off? It could be about pay, about how you are, they could need you to speak to their occupational health team for their records. It could be anything but they're not harassing you, just trying to contact their employee which they have every right to do!

WhySoSensitive · 19/11/2020 19:25

It spends how long you’ve been off and how long it’s been since you handed the note in.
Context is everything!

SpeckledFrogsLog · 19/11/2020 19:25

Did you miss the bit about her working at the hospital, where she is also waiting for an operation that they cancelled, and that she can't work until after the operation?

No, I didn’t. But that still doesn’t mean that they’re not entitled to contact her and that she’s not obliged to respond!

WorraLiberty · 19/11/2020 19:25

Did you miss the bit about her working at the hospital, where she is also waiting for an operation that they cancelled, and that she can't work until after the operation?

Her manager isn't allowed access to the OP's private medical records though?

Original poster

SortYourLifeOutMate · 19/11/2020 19:34

I informed that I wouldn't be back until after surgery. I will let them know when surgery is booked. ?? What's so hard?

OP posts:

2kool4skool · 19/11/2020 19:34

Sounds like you'll be first on the list for redundancy. Good luck with that.

WendyE · 19/11/2020 19:35

@SortYourLifeOutMate

Have no clue what is so 'urgent'!

The only way to find out is call them, or email them maybe if that's better for you. Most organisations have a follow up process for absence and it's not unreasonable (or illegal) for your employer to contact you to get some idea of when you're able to return to work. As anxiety is an issue for you, perhaps your employer can offer some access to counselling that may help you with that? Good luck.

VodselForDinner · 19/11/2020 19:35

You need to call your manager.

Have a look at your contract/absence policy it’ll state the maximum amount of time between certs (typically 2 weeks unless an inpatient), and the frequency of contact you need to have. Your employers are entitled to actively manage your absence.

You can’t hand in a sick cert then go MIA for months before announcing when you’ll be back.

To be honest, from what you’ve written it doesn’t sound like you’ve been sending in regular certs as per whatever is stipulated by your company’s policy, so I’d be concerned that the urgent call is in relation to a disciplinary.

Lou98 · 19/11/2020 19:37

@SortYourLifeOutMate

I informed that I wouldn't be back until after surgery. I will let them know when surgery is booked. ?? What's so hard?

As many PPs have explained, they might not be phoning to find out when you'll be back - it could be for any number of reasons, but you do need to keep in regular contact. Why are you not listening to all the posters explaining this??

Cyllie33 · 19/11/2020 19:38

But OP that’s not enough. Is a waiting list of one month, two months, a year? Your employer will need to arrange cover, understand properly the situation. They’re not being unreasonable, it sounds as if they want to have a grown up conversation about it and you’re being evasive.

Calcifer12 · 19/11/2020 19:39

It doesn't work like that OP. Many places still require review meetings. You can't just be off with pay for an indeterminate period of time.

You need to contact them to discuss it. They may need to replace or cover your role in the meantime.

Grumpsy · 19/11/2020 19:39

You need to maintain contact with your employer even if you are currently off sick.

Failure to do this could lead them to start the termination process due to ill health - which would be completely within their rights.

You can’t just simply hand a note in and then ignore them for several months... whether it’s physical or mental health.

fitflopqueen · 19/11/2020 19:39

Do you have a new date for your surgery yet? Your manager will be looking for some timescale in order to cover your absence, they may be able to offer some type of reasonable adjustment to accommodate your temporary inability to mobilise for long periods. A referral to Occupational Health may be helpful as they can then provide clearer guidance to your manager about your current capability.

Backbee · 19/11/2020 19:40

I informed that I wouldn't be back until after surgery. I will let them know when surgery is booked. ?? What's so hard?

Similarly what's so hard about making contact? You are 'signed off'/told them you'll be off for an unknown amount of time (which is a HR nightmare, usually sick notes are doing for x weeks at a time), say you haven't answered them as you have MH issues, but then wonder why they keep calling. You'll be out the door if you don't make contact, there's every chance they are following internal procedure and you not engaging isn't good; if you feel uncomfortable with unannounced phone calls, then email to arrange a time?

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