Signed off work sick, they are trying to get Mehdismummy in for a "meeting" on Friday, she has no childcare and it's very short notice - can they do this?

[theAfkaUrbanDryad]

Hi, i'm posting this on behalf of Mehdismummy. She is signed off work for stress, and they are trying to make her go to Watford for a meeting (helluva trek) on Friday. It is very short notice and she has no childcare - can they force her to go?

They are also threatening to with hold her company sick pay. Is this legal?

TIA

Legal or not, it's not the most intelligent way to treat someone suffering from stress. Employers should be careful not to exacerbate the stress, because they can be held liable for it (double that risk if it is work related stress in the 1st place).

Hope someone who really knows comes along soon.

i have no idea but they are being hateful tits - hope mehdismummy sorts this out and feels better soon.

I'd say the opposite - that its good practice to keep in touch with staff who are off sick. However, I do think that she should contact them re the childcare issue - a decent employer will rearrange the meeting.

Company sick pay rules will depend on policy of the company - I'd get hold of a copy pretty quickly.

thanks guys, i'll make sure she sees this.

Anyone else?

I'm in St Albans so if that's near at all I could help on the childcare front although I agree she shouldn't have to fit in with their plans at short notice.

I gather from previous threads that she has been in a very difficult situation for quite a while now- and although 1 don't "know" her personally, i wanted to pass on good wishes and hope that she will get the breaks in life that she deserves, and i am sure i am not alone in this sentiment.

UD, there's some good ACAS info available online spelling out the rules and regs - don't have a URL but try googling. Also look at Dept for Business, Enterprise and Reg Reform - when they were the DTI they had all the employment law up online with FAQs for employees. THink it was www.tiger.gov.uk IIRC.

HTH - and hope she feels better soon. Dh in similar circs atm and it is miserable.

I do have a feeling that they have to a negotiate time/place that's acceptable to the employee but can't quote chapter and verse - hope ACAS or DEBRR can help. She is entitled to take a friend or union rep with her - v. good if she can for moral support/note taking/to encourage professional behaviour on the part of the company.

i think if they're paying her then technically she should be available and her kids should be in child care in any case, surely?

has she completed a written Stress Risk Assessment? and has her doc declared her fit enough to fill it out?

I think she nromally works evenings/nights and lives on site so she doesn't normally have childcare lined up. Her h works for same company too iirc and isn't much help but presumably theoretically could do. Don't think they can just demand her attend without taking into account her availability with due notice and some assessment as to whether she is fit to attend.

But she's signed off sick, Aitch, so I don't think she can be forced to 'be available' anywhere, any place, any time at the company's order.

ok - the area manager has pulled strings with the pub her h works for so he can look after her ds.

she's going to the meeting on Friday, but today she's got a meeting with the council and i've advised her to tell them exactly what's going on, that her job is in jeopardy and therefore her home as well. Hopefully they'll be able to rehouse her or get something sorted on the rent deposit scheme.

Can she take representation to the disciplinary ?

edam, would that were true but when this happened to my sister it was made very clear to her that if she was obstructive then things could go badly for her. the evening work thing does change matters, imo.

hi thanks everyone. I am going to the meeting but having panic attacks about it already. The am made it clear that she would stop my company sick pay and because of the investigation ongoing it does not look good of being signed off. Really sick of this all now. I hope they do sack me tbh because at least i would get more help from council

cant u take the child with you?

might take some focus off u in meeting

Firstly, you have my sympathy. I have been off sick since the new year, and I can't even answer the phone to work yet. In fact, just driving in the direction of work gives me a panic attack.
Is it sort of like an occupational health meeting?

do you have a union you can call? and have you filled out an SRI?

What's the meeting for? Mehdismummy if you are signed off sick as in not fit for work, you shouldn't have to go in to meetings really. Whether they can stop your company sick pay will depend on the terms of the scheme, have a look at the policy or your contract or handbook, it will say somewhere. Company sick pay is often discretionary so they probably can do this.

Your absence with stress can't have a bearing on their disciplinary action - if they treat you more harshly because you are signed off sick they would be extremely stupid as they would be risking a possibility of a disability discrimination claim. They should be treating you with kid gloves at the moment, and most certainly shouldn't be sacking you for being off sick - that would be unbelievably stupid of them.

one is for finding out why i am stressed at work and to see if they can help. The other is an investigation into the whole glass of wine incident. What shall i do?

Go to the first one if you can. Don't go to the second one.

Put it in writing that you are signed off sick with work-related stress and as such you are not at the moment in an appropriate state of health to participate in any kind of disciplinary investigation. Say you are of course willing to cooperate in any way you can with their investigations however as you are unfortunately not able to do so at present you are requesting they put any disciplinary investigation into your actions on hold temporarily.

acas

here ring them

i said this to them and she said it was in my best interest to have the investigation to tell my side of the story and also it does not look good on me if i am off sick and not prepared to deal with it. I think the investigation is gonna either be held at the same time or after.

There would be no question of you 'not being prepared to deal with it'. You would be making a very reasonable request for a postponement of a couple of weeks. That's not going to affect anything for them. As long as you are careful to put it in writing that you are fully prepared to cooperate fully with their investigation but given your current health situation you are not in a position to do so immediately and are requesting a postponement accordingly, no one could say you won't deal with the issue.

Regarding the comment of it not 'looking good' if you are off sick, it's irrelevant. This investigation is into a specific incident, they can't give you a more severe punishment because you happen to be off sick as well. One has nothing to do with the other. I suspect someone is trying to intimidate you a little bit.

If you can go to the meeting to discuss the issues around why you are stressed and what they can do to help, do so. It's fine to say you are able to do that but not the other. One meeting is focused on getting you better and back to work and dealing with the problems there, and attending that and assuming some action comes from it will mean you will be sooner in a position to deal with the second meeting.

Having a meeting to find out why someone's stressed at work and to identify what you can do to help and then immediately having them in a disciplinary investigation is ridiculous, quite frankly.

thanks so much i know its a word widely used but i really do mean it. I am really hoping that the council will house me or failing that i will go into a womens refuge so i dont see myself being around much longer, its just more stress with work i coul do without