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Legal matters

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See all MNHQ comments on this thread

Original poster

work Occ.health keep calling me.

28 replies

PancakesAndMapleSyrup · 07/07/2014 14:23

Not sure but if anyone has any advice! I am fed up of Occ. Health calling me. I now get a phine call at lease once a week asking when i am going to return to work. I have just had spinal surgery and she asked 3 days later when i plan to return!!!. I am signed off by docs but aibu after telling them to stop calljng so often. They got really shitty with me last phone call as i said i now have a further problem which has been caused by the surgery. They are also starting disciplinary action against me for being off sick i have been off for 5 months.

OP posts:
Theodorous · 07/07/2014 14:29

Do you work for the NHS by any chance? Had that after a miscarriage and they wanted to know, having looked at my notes, why I wasn't back. Despite being signed off.

redexpat · 07/07/2014 15:01

You might get better responses posting in legal or employment.

Original poster
PancakesAndMapleSyrup · 07/07/2014 16:59

No not nhs. Does anyone know how i can get this moved to legal or employment?

OP posts:
BoomBoomsCousin · 07/07/2014 17:06

Click on the "report" link on your original post and in the comments box just ask MNHQ to move it.

Hope you get good advice.

Alisvolatpropiis · 07/07/2014 17:09

Have you met occupational health at all?

I think after a certain period of time off sick, 3 months maybe, you're expected to meet with them or disciplinary proceedings can commence.

Not an expert though so I may well be incorrect.

Ragwort · 07/07/2014 17:12

Are you being deliberately obtuse about this? Can you meet with the OH team and discuss it rationally, show them your medical notes etc? If you genuinely want to return to work surely that would be in your best interests?

WaffleWiffle · 07/07/2014 17:15

Have you opened any kind of communication with work occupational health?

If you have, then they have no right to constantly hassle you. However, maybe they just want some answers from you? Arrange a meeting with occ health (take a representative along if you like) and in a calm and helpful way explain the situation, with doctors notes etc to back up what you say.

Jinty64 · 07/07/2014 17:21

When I was off sick I was not referred to occupational health but was being asked by members of management and my team when I would return to work. My health was being assessed on a week by week basis by dr's and I really had no idea. I self referred to occupational health, gave them free reign to contact my GP and my management team and met with them twice. I found them to be nothing but supportive. I think you should arrange an appointment.

PosingInManilla · 07/07/2014 17:26

You need to engage. Even in the public sector where sick pay has historically been generous, things are changing. In the context of funding cuts and reduced staffing levels, having a genuine reason for absence doesn't exempt you from the processes that need to be followed. If you want to protect your job then engage with the process.

Wibblypiglikesbananas · 07/07/2014 17:28

I can believe it. I used to work for a major airline and they were terrible for harassing people when they were off sick and insisting on visits to occupational health when people had their own doctors. They'd often dispute what an employee's doctor had said too - not a nice bunch really.

MiscellaneousAssortment · 07/07/2014 17:30

OH are generally on the side of fairness and may be able to protect you if your work is trying to get you out.

They are on the side of fairness though, not free rides, so you really have to engage with them.

PosingInManilla · 07/07/2014 17:32

Wibblypiglikesbananas
I can believe it. I used to work for a major airline and they were terrible for harassing people when they were off sick and insisting on visits to occupational health when people had their own doctors. They'd often dispute what an employee's doctor had said too - not a nice bunch really.

Sorry but after my doctor constantly offering to sign me off for a minor gynae issue that didn't stop me functioning, and my doctor acknowledging there was no medical reason to be signed off other than the "stress" of the problem I can quite see why this might be!

ZebraLovesKnitting · 07/07/2014 17:39

Are you a member of a union? I recently had problems with my employer (NHS) when I was sick and my union (Unite) were amazing.

LittleprincessinGOLDrocks · 07/07/2014 17:39

Are you a member of a union?
I was hassled by HR whilst on long term sick, despite having met with Occuptional health (who agreed I was far too ill to work in any capacity). I contacted my union rep who contacted HR for me and said all contact was to go through her. The hounding phone calls stopped all together. My rep would email me once a week at most with what they had said. It took so much stress off my shoulders.

Original poster
PancakesAndMapleSyrup · 07/07/2014 18:49

Thanks all for your replies. Yes im a member of a union its just a complete pain in the arse this whole thing! I have been completly open with oh they have written consent to access my medical notes from my gp/hospital consultant etc. I just am so pressured by them to give them a date to return and i thought oh would be fair in this. I had a hefty spinal surgery 6 days ago after cancellations of previous surgery on the nhs (not down to me), unfortunatly now one of my legs has no feeling and dosent work. My line manager is also facing disciplinary action now because he visited me and saw the state i was in so refused to begin action against me. ragwort deliberatly obtuse?! Piss off. I want to return but i cant get to the bloody back door without a walking frame at the moment so hardly a usefull member of staff. I just want them to get off my back and see if anyone had any ideas.

I will email them tomorrow again and request some answers to my questions about returning etc. Just fed up completly.

OP posts:
googoodolly · 07/07/2014 18:54

Lots of places wil automatically start disciplinary proceedings after three months, and afaik,they can, after a certain amount of time off without improvement, take steps to fire you as you can't do your job as stated in your contract.

My work (retail) do this - if you're off for a month or more, whatever the resaon, you get referred to occupational health and you're expected to comply with them - either by attending meetings or talking to them on the phone/at your home if you're unable to get to your workplace.

After three months, they assess you again, and agai at six months. If you're not ready to come back after six months, they will see whether you'll be able to come back at all, and if not (within the next six months, I think) they will take steps to get rid of you because you're not fulfilling your contract.

Your best bet is to comply with them and o arrange meetings with proof of what's wrong and by remaining as compliant as possible with what they want. Also contact a union if you have one.

scrivette · 07/07/2014 19:26

It will probably be part of their policy to refer you to OH, if a member of my staff was off for more than 1 month I would have to. When I have done in the past people have found it useful to chat to OH and haven't felt threatened by them and on one occasion, found OH far more useful then their own GP.

You shouldn't feel that you are being picked on, the policies are generally there because of other people abusing the system and companies having to protect themselves.

Clearly you are genuinely ill and they may be able to offer more assistance when you start to think about a phased return to work so may work out in your favour.

CrystalSkulls · 07/07/2014 19:29

This reply has been deleted

Message withdrawn at poster's request.

Original poster
PancakesAndMapleSyrup · 07/07/2014 19:37

scrivette thanks, i do know the system is abused i just dread the phone call every 5 days or so, its just stressful. And i feel crap but thank you you have managed to give me a lift.

crystal they are involved but its a diffucult process.

OP posts:
MNHQ
EllenMumsnet · 07/07/2014 20:37

Hi. Just to let you know that we'll shortly be moving this to our Legal Matters topic at the OP's request. Thanks for your input Flowers

MiscellaneousAssortment · 07/07/2014 21:06

I wonder, can you tell them (by enail so you hage a record) how stressful it is for you and although you're sure they don't mean to, you're in a very vulnerable place right now and you are feeling panicked and pressurised...

I think that might help in a variety of ways, as surely no one ethical could continue to behave in a way that is undermining your health and well being ... And if they aren't that humane, surely they'll realise they're walking into trouble ...

Flowers
Original poster
PancakesAndMapleSyrup · 07/07/2014 22:07

Thanks miscellaneous, i shall draft something up tomorrow and reveiw prior to sending (I dont want to sound snotty)?. Hadnt thought of that. Ive been there 8 years with no issues and bam!

OP posts:
PicandMinx · 07/07/2014 22:16

Pancakes, I second telling (not asking) your employers that all communication will be via email in future. That way, you are protected from harassing phone calls and there will be no misunderstanding with regard what they expect from you. Screen your calls with an answerphone.

Original poster
PancakesAndMapleSyrup · 09/07/2014 17:01

Pic yes done that now. She phoned me yesterday and then today for an update. Less that 24hrs. I cut the phonecall short to say the least. I have asked her to do a home visit if shes needs to assess me face to face too.

OP posts:
mipmop · 09/07/2014 22:01

I think you may get good advice from more people in the employment area.

I agree with you contacting HR by email, telling them you want all communication to be in writing.

If it gets to the point of them looking to get rid of you, make a data request for all info that relates to you / mentions your name etc.