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Legal matters

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Laws around MH & long term sick from work

43 replies

Pissedoffdotcom · 24/11/2018 10:55

Wondering if somebody can help. Brief outline, DP been off work since July for severe MH. Under GP services, engaging with external support, completing CBT & awaiting further courses. Basically doing everything he can to move forward.

Had a meeting with HR & his line manager in September & they actioned a few things - occ. health were meant to call him weekly, the HR manager was to be in touch monthly & his line manager was meant to be in touch weekly. All focusing on moving forward, lessening his anxiety without having to fully focus on the stresses of work. He was also meant to get a breakdown of his pay whilst he was off so that we could plan finances - i'm on maternity so things are tight. We received that in November!!

Since September nothing has happened. Occ health rang twice. Didn't send reports to us to sign off so work haven't received them. HR have completely ignored DP. And his line manager hasn't bothered either.

Today we get a letter saying they want a meeting where they will be reviewing his employment! Can we fight this on the grounds that he is doing literally everything to get back to work whilst the company are basically stepping on the help they offered? He has been with the compant for 29 years, worked his ass off for them sometimes to the detriment of the family. I'm absolutely furious!

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Orangesandlemons82 · 24/11/2018 15:26

I was in a similar situation a few years ago with my mental health and work. I felt that they weren't prepared to help support me and return to work with some reasonable adjustments. I managed to negotiate a good redundancy package in the end and leave that way which gave me money and breathing space to find something else. It was a shame really, they were a healthcare company and I liked the job,but once I became ill I was just a hindrance to them. Sorry you are both going through this.

Pissedoffdotcom · 24/11/2018 15:35

No, there is no mention of anything except that OH has decided he can't return. The first time she spoke to him he said he wanted to get a CBT course done then look at coming back but as we haven't seen the first report we don't know what it contains. It's really frustrating.

Sorry to hear that orangesandlemons82. It really infuriates me because people give their everything to do jobs well & basically get chucked on their arse. I highly doubt they will go down the redundancy route with DP as it would cost them too much

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ADastardlyThing · 24/11/2018 15:51

I see op, so it does sound like it's as I thought, so there is a question of how this has all been handled that could go in your dh favour in that they might consider offering a settlement but if the oh haven't suggested they feel a phased return/reduction of hours etc could be considered they must really think it wouldn't be of benefit to your dh.

Hopefully they will offer a settlement. Hope it all works out ok for you both.

ADastardlyThing · 24/11/2018 15:52

And def push for the first report, he's entitled to see it.

Pissedoffdotcom · 24/11/2018 16:03

If they had supported him & attempted to get him back I wouldn't have a problem. At the end of the day I know it isn't in a company's best interest to be paying someone who isn't working. I'm just disgusted at the way they have handled things. The first meeting was so positive & his upline & the HR rep were all for letting him do his course then moving forward. Now it just seems like that was all words. I'm angry & also really gutted tbh because DP has worked his ass off for that wretched company

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ADastardlyThing · 24/11/2018 16:24

I'd bet it comes down to that first report from oh. Make sure dh gets a copy of that before the meeting.

Pissedoffdotcom · 24/11/2018 16:34

I will do. Thank you! I know my post is mainly a rant 🙈

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ADastardlyThing · 24/11/2018 16:37

Rant away :)

Good luck to you both, hope it's a decent outcome and one that you're happy with whatever happens. And hope your dh gets back on track. If work made things worse it might be a blessing in disguise, new start and all that.

Pissedoffdotcom · 24/11/2018 16:51

Tbh i'm starting to think the same way. I'm already job hunting again now so that he doesn't feel like he HAS to go back there if they are going to be arses. Fingers crossed

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ADastardlyThing · 24/11/2018 17:33

X (that's crossed fingers not a kiss, it's mn after all Grin)

Don't forget to check if you had any mortgate payment protection or similar (if you have one obvs!) I always forget about mine!

User52232887 · 24/11/2018 17:39

Loyalty and hard work mean little nowadays. Especially if this is a busy time of year for the company maybe they'll approach a settlement agreement. Needs to come from them though. Don't suggest it!!

SassitudeandSparkle · 24/11/2018 17:53

OH has decided he can't return

It would be normal for the company to discuss this if that's the report they have received. Which is probably why they have asked for a meeting, especially if he is coming to the end of his paid sick leave (via the company). Hope it goes well, OP.

Pissedoffdotcom · 24/11/2018 18:37

The meeting itself isn't an issue, altho we were expecting one several weeks ago. Its more the tone of the letter - the way it is worded basically makes it sound like they are going to discuss letting him go. That & the total lack of anything from them is just really grating on me.

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Pissedoffdotcom · 18/12/2018 08:19

Thought i'd update folk as people took the time to respond. We had the meeting & thankfully had a union rep with us. HR turned up, DP's line manager and, unbeknown to us, so did the GM. Which put DP right on edge as the GM has been a nightmare. GM started straight up about how short they are, DP left them in the lurch etc...union rep cut him short & bollocked him as was meant to be a welfare meeting not a dig at DP.

Meeting would have gone SO differently without her. We have been assured DP's job is not at risk currently, another assessment meeting will take place in February.

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YouCouldBeMe · 24/12/2018 14:04

Sounds positive. Are you both feeling better now?

daisychain01 · 02/01/2019 10:38

My advice would be for your DH not to take his foot off the gas in terms of keeping the momentum going. They have assured him that their intention is not to let him go - however did they clarify at the meeting exactly what their expectations are as his employer, in terms of the next steps? Did they specify their intentions to discuss and agree reasonable adjustments and timelines to enable a phased return to work on a different shift pattern (as that seems to be what will help your DH to stabilise his MH).

Given the protracted, unpredictable and somewhat disparate nature of their communications so far during his sickness absence, I would suggest that your DH works closely with his union rep, who seems to be doing a good job to back him up. I wouldn't wait too long before sending his employer a further communication (with his union reps input) to keep the momentum going. Ensure the ball is always in their court, so that whatever happens, he can evidence his ongoing motivation to get back to work.

Document everything, keep the audit trail including dates and times of any verbal communications that may have happened to date.

daisychain01 · 02/01/2019 10:40

Some of the things I've suggested can be covered by your DH during the Feb assessment, eg getting the firm agreements on timeframes, RAs etc - but stay on your guard in case the time slips by and nothing happens (based on their track record it sounds like that's a possibility).

Pissedoffdotcom · 02/01/2019 15:41

Sorry just seen this. Tbh no we aren't feeling any happier as the GM made it pretty clear he wasn't interested in DPs health, just the pressure it is causing at work. Which is laughable because the other supervisor was off for months & DP covered his workload without any mention of temp help!
daisychain01 thank you for your advice. Thankfully he is in contact with the union rep as already things are being pushed. He supposedly missed an OH 'appointment' via telephone - an appointment he had no damn idea about. He highlighted this immediately with the rep who then queried whether he had received the minutes from the meeting as we were told he would. The rep had, but DP still hasn't. It is very all over the place tbh & it does make me nervy. Just relieved we have such a good rep on board

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