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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:
wishesandkisses · 13/03/2017 13:04

I think it's cause my OH has kept them updated etc and they trust him to be honest I'm not sure it would be the same if he said he had the flu. Also, they've known about his CPD since he started. X

OP posts:
wishesandkisses · 13/03/2017 13:06

I know, I'm becoming quite frustrated with him as he spoke to his boss about the sick note and they're saying he doesn't need one but this is a conversation that won't be documented. :(

OP posts:
daisychain01 · 13/03/2017 13:31

Does your DP have a written contract of employment? Does it mention anything about his obligations (Probably just a high level clause referencing policy) about absences from work?

It would be useful for him to look it up, because by not managing his absence responsibly (which is what the company is effectively encouraging him to do) it puts him in a very vulnerable position in the case of a tribunal.

It is beside the point for them to say they "trust" him. He needs to cover himself. If that means him submitting his Fit notes and his Line Manager chucking them straight in the bin, then so be it. Your DP has exercised his duty of care. And he needs to keep an audit trail of the dates he submits each Fit note. They sound dodgy as hell! I bet the Line Manager know sweet FA about policy or employment law.

LIZS · 13/03/2017 13:34

He needs to confirm every conversation on writing. By email, bcc to your home email. It could so easily backfire on him if he's casual about it.

flowery · 13/03/2017 13:50

Line manager saying he doesn't need one is very much not the same thing as the company policy being to refuse to accept fit notes/send them back to the employee who has provided them.

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