Long term sickness

[Stumpy54321]

Hi. Just wanted some advice/ opinions please.
I’ve been off sick from work for 6 weeks. Looking like I will be off for longer. A sudden medical condition means I cannot stand for long periods of time and my job involves just that. Waiting for a referral for scans etc. I’m hopeful of a full recovery. I have spoken to my immediate manager and discussed returning and made it clear I want to return but as I cannot do my job it’s just not possible. I havnt managed to speak to anyone in HR yet. I’m worried about not being able to return any time soon and just wanted to know where I stand. At what point would my employer consider “paying me off”. What is the correct process? For information I work for a very large international company for 20+ years.

some info here. Do you have a staff handbook? That might give you more info. I worked at a place that gave full sick pay for 6 months, a colleague was off for almost six months before they started talking about getting occupational health involved and making noises about her job.

https://www.acas.org.uk/dismissals/types-of-dismissal

https://www.citizensadvice.org.uk/work/dismissal/check-your-rights-if-youre-dismissed/dismissal/if-your-employer-wants-to-dismiss-you-because-of-long-term-sickness/#:~:text=Whether%20it%27s%20your%20employer%27s%20fault,reasonably%20can%20to%20help%20you.

Hi. Thank you for your reply. I also get full pay for 6 months. Nothing specific in the handbook. Just says they would, after 4 weeks request an absence meeting (they havnt) and after 6 weeks they may be refer to Occupational Health.

That's employer specific.

If you get full pay for 6 months I'd be surprised if they initiated a capability dismissal before that was exhausted.

There are other things to explore before moving to dismissal.

Is there a particular reason you're already worried about this? How long do you think you might be off?

Hi. Thanks for your reply. I’ve just never been off sick this long before so did t know what to expect.
not sure how much longer I will be off but I’ve got to wait for scans so would depend how long that’s gonna be but as we all know that could be a long wait.

If they are a big company, could they put you on different tasks for now so you can continue working maybe?

I would expect them to involve occupational health and consider whether reasonable adjustments would enable you to return (which could include redeployment to another suitable role if one was available) before considering dismissal.

I have also known employers pay for private treatment to support an employee to return, but that has complications and is not something to expect.

It's difficult if you haven't been given a steer on how long the waiting list for scans is. Do you know how long/complicated treatment might be once the results are in? If so, that's something you could potentially disclose to keep them informed.

Are you a member of a union?

Where I work people generally need to have no prospect of returning to work for medical discharge, and it needs to be backed up after several Occ Health visits and medical advice. Unfortunately people who don’t qualify or cannot argue it, tend to be dismissed or force themselves back to work.

Are you in a union as they will provide you with all the employment specific advice, represent you, and also advise you on what is typical at your company and the way the long term sickness process works.

As a PP says, it’s specific to your employer but from what you say, I would expect the supposedly 4 weekly long term absence meeting - which is a fairly standard stage in absence management policies - to involve a discussion about you being referred to Occupational Health, in order for your employer to get an understanding of the likely probability of you returning to your full role and a timeline for that, plus any recommendations for extra support needs that could assist you to fulfil part of the role / an alternative role if appropriate and available. Your manager should also be advised to keep in touch with you regularly. If, as it sounds, you’re keeping your manager in the picture, providing timely fit notes etc, then that keeps communication open and helps your manager support you to the best of their ability.

If you get full pay for six months I wouldn’t expect any move towards dismissal on capability grounds before that, unless you get results back from the scans within that timescale that show you’d never be fit for that role again and there is no other appropriate vacant role in the company you could be moved into.

(Does your package include private healthcare that could speed up the scan appointments btw?)

One thing I will say is document everything just in case. Chances are you won’t need it, hopefully your condition will turn out to be treatable and this will be a temporary blip and your employer will support you. But it never hurts to make notes of anywhere where process hasn’t been followed correctly, for example the 4 week meeting not having taken place by six weeks and counting. (My DH won nearly £10k at an employment tribunal several years ago following dismissal on capability grounds and he wasn’t even disputing that him leaving was the right course of action so wasn’t suing for loss of earnings, it was how they’d done it that was at fault.)

Hi. No union unfortunately. Yeah I have no idea of how long it will be. I’ve said I would go back if I could sit down when I need to but I cannot do my job sat down. All other roles within the company are different to what I do but also involve lots of standing and walking. They haven’t said anything negative I just wanted to know where I stood a never never been off long term sick before so was just looking for some reassurance.

Thank you. No private health unfortunately. Yes been very open with my manager keeping him updated and providing fit notes when I receive them.
your words are reassuring so thank you