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problems with work and doctors note

14 replies

jemjelly · 22/05/2012 12:09

Hope someone can advise me with this - My DH is signed off work for 2 weeks with a GP note because of stress, he also suffers from OCD which is work/stress related.

Despite having a doctors note saying he is not fit for work for two weeks My DH's manager (who is a bully & frankly has caused a lot of my DH's current mental health problems) is still insisting my DH rings in and speaks to him everyday even though I have exclaimed that even talking to me about work is making my DH even more stressed and slowing his recovery.

My DH won't even answer the phone now in case it's his supervisor so I really doubt I'll be able to persuade him to ring this guy every day. What are his rights, does the sick note cover him, can his supervisor make him ring-in every day?

OP posts:
PinkPanther27 · 22/05/2012 21:36

Sounds unreasonable to me, is there someone else at work you/him can talk to or perhaps an HR dept?

lizzywig · 23/05/2012 14:07

I would agree with Pink. He needs to talk to HR. Surely that type of pressure is only going to compound the issue, HR would identify that immediately!

jemjelly · 23/05/2012 16:09

Ahh see thats the problem its a crap company and they closed the HR department last year to save money. It is quite a big company but the only person my DH can speak to is his manager who is the one who has caused all the problems.

I suppose I could ring his manager and try and explain that ringing work every day is just adding to the pressure and making my DH worse but I think it will fall on deaf ears. If he still insists my DH rings him every day can he make him ?

OP posts:
TiraMissYou · 23/05/2012 19:09

The GP fitnote entitles your DH to claim SSP. His employer than makes up his pay with Occupational Sick Pay, if he is fortunate to be working for a company that pays OSP. It is usual for a management to maintain regular contact with an absent employee, however, daily contact seems excessive.

It would be reasonable for you to contact said manager, explain how ill DH is at present, commit that he intends to maintain contact and dialogue but that daily is just too much at the moment. Offer a regular date/time slot where you can take/make the call in his place until DH starts to improve.

If manager still insists on daily contact then reiterate yor concern for DH's wellbeing, and ask for sight of applicable sickness absence policy that stipluates frequency of contact. I would be surprised if they have one stating daily contact is mandatory. Then say you and DH will discuss with GP how given his health problems he can safely maintain contact. Seek TU rep advice too.

Putthatbookdown · 23/05/2012 19:55

If you are sick, you are sick. I would ask the Gp to drop them a line -you will need to give your Gp written authority. Do you have Occupational Health? I had this with my ex employer who just turned up at my house one day!! You need to find out if they do this with everyone: my employer did not and I later found I had grounds .....

jellyjem · 23/05/2012 22:15

Thanks for all the advice. My DH's manager actually turned up at our house today whilst I was at work, my DH was in a complete state by the time I got home. I've noted it down in my diary because I think he is doing this on purpose hoping to drive my DH out. Hmm

I am at home tomorrow so will give him a ring following your advice, of I get nowhere with him I will have a chat with our GP.

PinkPanther27 · 23/05/2012 22:28

He turned up at your house Shock

jellyjem · 23/05/2012 22:34

Pink - apparently he said he wanted to assess my DH Angry

I just need to figure out how to stay calm when I ring him tomorrow so I don't say something I may later regret !

PinkPanther27 · 23/05/2012 22:53

Hmmm, sounds like he's checking up on him - what is their r/ship normallly like? I'm not an HR expert or anything by the way - but the contact does seem excessive and inappropriate.

In one of my jobs when I was about 18 I phoned in sick one morning cos I felt absolutely terrible. My manager who was a bit of a cow anyway then rang the house about 3-4 times demanding to speak to me (my brother kepgt answering and explaining that I was in bed unwell) and I would ahve to keep getting out of bed with my hot water bottle to go downstairs and answer the phone. She told me quite bluntly that she didnt think I was ill and that I didnt sound ill while my brother stood next to me mouthing at me to tell her to f off and I was so upset and angry that I threatened to turn up their in my PJ's in front of all the customers so she could see how ill i was!! She was vile.

PinkPanther27 · 23/05/2012 22:54

*there

Flyingwithoutwings · 23/05/2012 23:04

If you've handed in a GP note then the company have no right to ring him / visit. That would only be ok if he was alone / a vulnerable person in which case they have a duty of care.
I take it the LM knows the reason for this sick absence?
If yes, then this is clearly bullying IMO.
If your husband were to leave you'd have grounds for constructive dismissal.
Your DH's next contact should be on his return date or to make a phone call saying the GP had signed him off for longer.
I take it the LM has the GP note?
Hope your DH feels better soon xx

Flyingwithoutwings · 23/05/2012 23:15

"regular" contact is only needed when someone is on long term sick.
Tell the bulky to piss off, your DH will be back in 2 weeks.

Sorry about the swearing but work place bullies really make me Angry

jellyjem · 23/05/2012 23:16

Pink Grin bet they left you alone then.

DH has been suffering from depression for a while which his manager knew about so I think he does know its legit.

This same guy threatened one of DH's colleagues with the sack last year if he didn't go to work even though he had a broken leg and cracked ribs so he has form with this kind of thing.

My DH hates his manager with a passion and I think the feeling is mutual, this guy treats all his staff Like dirt and gets away with it. DH would love to leave but he's not been able to find another job so he's stuck there for now.

I think his Heath would improve over night if he could leave but we can't afford it.

Putthatbookdown · 26/05/2012 20:44

I suspected he may just turn up. I am really sorry I was right but you see I went through this so I know Bullying often takes a pattern. I think it is just so rude to turn up without even phoning beforehand. So rude. I think a planned home visit say after the fortnight is up is ok. If he does anything else I would see a lawyer Any further visits/ memos / etc and this will be bullying. If they continue or they start Warnings etc it may be harrassment. It happened to me and I found out I had rights. I had a case cos the boss only did it to me- my colleague was supportd and even promoted but me I got nthing. I know it is hard but look elsewhere On the other hand if a bullying charge is found you can win MORE than for anyhting else in employment law I am not a lawyer and you need one for this type of behaviour

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