ill -rights on returning to work part time

[dancingqueeen]

I have been off work for several months due to fatigue caused by an auto-immune syndrome which flared up due to a stressful time at work (I relocated to a different office and my manager is a very bad team leader and hyper-critical and disorganised). I did not previously know I had the syndrome although with hindsight I had a few very low level symptoms for a year or so before hand.

My doctor has advised me, and my work, that I should return to work on a 'limited schedule' (ie part time) and gradually build up the time I work. I suggested Mon Weds and fri to begin with. Work have agreed to this but have also written saying that they expect me to do four days after one month, and be back to working full time another month after that, otherwise my job will be at risk. Can they do this? They did not consult my doctor or my specialist consultant before setting out the time scales. If my gp/ the specialist tells work this is unrealistic then will they have to amend the time frame before my job is at risk.

also, they have not discussed giving me any additional support on my return, or made any attempt to reassure me that I will be given more support. the whole tone of the letter is very hostile. I am concerned that I will be returning to a very stressful environment and there is a lot of research which indicates stress is a key factor influencing the symptoms of my auto-immune syndrome. Should I point this out to them/ express my concerns? or should I just go back and hope for the best? I am planning to look for a new job as I am very unhappy at the way they have treated me, but would it be best to go back for a bit (however awful it is), so that I can demonstrate to a new employer that I am able to work again?
sorry, lots of questions!

You have no specific right to be able to go back gradually starting off part time, although it is good practice for your employer to allow you to do so.

Obviously I don't know anything about your condition or working environment but in a more general sense, if someone is signed off by the doctor as being fit to work, but wants to return part time intially to ease themselves in after a long absence, and that person has suggested 3 days a week, then going up to 4 days after a month and then 5 days after another month sounds reasonable to me. That's a fairly gradual phased return.

If your condition is such that you won't be able to work 4 or 5 days for quite a while longer, is that going to change? Do you need a permanent or longer-term reduction in hours rather than a gradual return to full time? If the stress of the job is causing or exacerbating your condition, how much difference is an extra couple of weeks at 3 days rather than 4 going to make?

Your employer can technically dismiss you on capability grounds if you are off sick a long time and it becomes apparent that you will not be able to fulfil the requirements of your role. However, to do this, they would have to demonstrate that they had made every reasonable attempt to get you back to work. Phased returns would be part of this.

I would suggest you go back to your employer and say that you hope to be able to meet that timescale, but will remain in touch with your doctor once your return to work has started. If he has a concern about you starting to increase your hours, you will let them know and take it from there.

In terms of additional support, yes as a matter of good (and sensible) practice they should be supporting you. What additional support do you feel you need? Although they should be supporting you it may not occur to them that you need specific additional support, so spelling out what it is you need might help.

It can be a difficult balance to find the right wording - you said you felt the tone was hostile, but your employer is also trying to make sure that the arrangements are clear so that you both understand them. The return to work plan is essentially part of your work contract and needs to have a level of formality about it. If you look at a standard employment contract you will find that it too is written in a language that does not sound very supportive.