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Original poster

Surely this can't be legal?! Any HR about?

30 replies

wishesandkisses · 12/03/2017 20:32

My partner works in a call centre for a major company (I won't name just in case) and is 3 levels up. He has been on sick for 4 weeks as he has a pain disorder. The doctor is trying find him the best medication but he is still very poorly. He is planning on going to work tomorrow despite the fact he is still grey, sleeping through out the day and taking so many painkillers. His work has started hassling him to come back and Ive suggested getting a sick note. He's replied THEY DO NOT ACCEPT SICK NOTES. Is this legal? I am not a doctor but I can tell you he is not fit for work. The drive alone would be dangerous. But apparently it's all self certification. I appreciate that we would struggle if he got sacked but he is so so poorly that he is going to struggle tomorrow and potentially make himself worse. Any ideas. Tia

OP posts:
flowery · 12/03/2017 20:50

What does he mean they 'don't accept them'? Do they hand them straight back? Has he been posting them in so far?

Original poster
wishesandkisses · 12/03/2017 21:13

No he's just been ringing in, they basically let you self certify without a note but if they sack him there is no proof he was even poorly!

OP posts:
Figgygal · 12/03/2017 21:15

He needs a copy of their sickness policy to understand what their processes are

If they say they don't need them (which is very unusual) they can't then take action against him for not providing them

mymatemarmite · 12/03/2017 21:18

Are they paying him whilst he is off?

ShatnersBassoon · 12/03/2017 21:19

Usually self-certification covers only the first 7 days of absence, so he should have had a fit for work note from his doctor after his first week off.

www.gov.uk/taking-sick-leave

LIZS · 12/03/2017 21:20

After 5 days he should provide a fit note. How long has he worked there and could he be covered by dda? He could contact acas.

SirNiallDementia · 12/03/2017 21:21

A Fit note (dr's note) must be submitted for any absence over 7 days or the absence is deemed unauthorised.

Suggest your husband gets one and sends it in ASAP so the company don't try to dismiss him for unauthorised absence.

Does the company have an absence policy which may shed some light on things?

Has he worked there for less than 2 years?

flowery · 12/03/2017 21:22

They are happy accepting that someone is sick for long periods without requiring medical proof of that? How bizarre.

He needs to provide them with medical certificates covering sickness absence beyond the first week, otherwise he's not entitled to statutory sick pay.

Original poster
wishesandkisses · 12/03/2017 21:37

He's worked there a while. I've been begging him to go get one but he states Jr will manage and go back tomorrow. The only way he can get the procedures are at work😩😩what a pain.

OP posts:
CotswoldStrife · 12/03/2017 21:44

Can he not get the policy or handbook via an intranet from home? That doesn't sound right, I think he's got that wrong!

sooperdooper · 12/03/2017 22:00

That's nonsense, they have to accept a sick note from a GP! Why hasn't he got one already though?

sooperdooper · 12/03/2017 22:01

Posted too soon - no wonder they are hassling him about when he's coming back if they've gas no official sick note to back up his illness, I think your DP has put himself in a dodgy situation by not having the sickness verified, no matter what they say

highinthesky · 12/03/2017 22:02

Standard procedure is a Med 10 from his GP.

I think his line manager must have his wires crossed.

Ginmakesitallok · 12/03/2017 22:03

How long has he worked there? Does he get paid while off?

ineedamoreadultieradult · 12/03/2017 22:05

He should have got a fit note anyway to cover himself if they start being cute about it and trying to use this as a way to get rid of him. Call centres are notorious for it.

flowery · 13/03/2017 06:47

As he's been seeing a doctor I don't understand why the doctor hasn't already been giving him certificates, but he must get one to cover the last three weeks otherwise he'll miss out on three weeks statutory sick pay.

SookiesSocks · 13/03/2017 06:53

He needs to get sicknotes and have them back dated.
If its a large company then they will have a sickness policy and cannot refuse a sicknote. If he is going back to work after a long period of sickness he should get a fit to work note from the GP too.

LIZS · 13/03/2017 06:59

Can he ask the hr department to forward him the relevant sickness and absence policies. They may have the option to refer him to Occupational Health.

TittyGolightly · 13/03/2017 06:59

Sicknotes haven't existed for some time now (in the U.K.). They're called fit notes now and should be issued to cover any absence beyond a week. We'd be referring to occupational health after 4 weeks too.

SookiesSocks · 13/03/2017 07:00

Does he still work there?

flowery · 13/03/2017 08:52

The thing is so much of employment law is about who is behaving reasonably and who isn't. He needs to make sure he is in a position to demonstrate that he's done everything he could reasonably be expected to do in order to get his sick pay/not be dismissed unfairly. Just telling them he doesn't feel well for 4 weeks and not turning up to work without providing the required fit notes isn't behaving reasonably on his part.

If his employer say they refuse to accept the doctors certificates he provides as evidence of incapacity for work, that isn't reasonable behaviour on their part. But he needs to be able to prove that he tried.

Original poster
wishesandkisses · 13/03/2017 11:28

He's gone into work today and they've sent him home poorly again. I've demanded that he goes to the doctor's today to get a backdated sicknote. They don't accept them unless they have requested one. One of my friends work in the same company and has verified this. I have asked him to bring the policies/procedures around sickness round so hopefully we can work something else out from there.

OP posts:
Original poster
wishesandkisses · 13/03/2017 11:30

And yes he is being paid his sick

OP posts:
flowery · 13/03/2017 11:38

I'm intrigued by this I have to say. Do they put them in the post and send them back?! They're happy to pay sick pay with no doctor having verified the illness? All very odd.

MiscellaneousAssortment · 13/03/2017 11:44

In these situations you need to work to the standard of employment law, not the (incorrect) precedures of the company.

This ensures you can evidence your behaviour and ensure you come out of it 'whiter than white' (echoes of laundry advert there!).

Also get the company's responses in email form to create an easily verified evidence trail.

What you absolutely don't do is to follow their processes and leave yourself open to a super easy way to lose your (your dp's) job.

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