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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48150
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am an employee of an nhs hospital and have been absent

Resolved Question:

I am an employee of an nhs hospital and have been absent from work due to stress for about a month. Today I received a letter from my manager requesting I either attend her office or for her to visit my home in line with the Trust Attendance Management Policy!
I would point out that my GP has already signed me off with a fit note and I have provided my manager with a copy of this, and I have also already handed in my notice of resignation.
I don't see how this meeting can be of any benefit to me as my fit note covers me up until 2 days before the date I leave.
My question is, am I legally obliged to comply with her request of this meeting, and if I do not what may be the consequences?
I started working on 3rd January 2016, went off sick on 14th March 2016, and my given notice is to leave on 2nd May 2016.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello do you mean that you started working for this employer in Jan 2016?
Customer: replied 1 year ago.
Yes, as stated in my last sentence.
Customer: replied 1 year ago.
Just to clarify, I had worked at this nhs hospital some years ago on a different ward but since then I had left to work for a private company, then in January 2016 I returned to this hospital after a successful interview.
Basically, I feel very uncomfortable about this meeting. I am already absent due to stress and this is now adding to it. I also prefer not to have to answer questions regarding personal health issues or medications etc.
I feel it is harassment and can't imagine I have a legal obbligation to go along with it, after all since meeting my GP he has documented that I am unfit to return to work.
So, is the law on my side if I refuse this meeting, and can my employer refuse me my sick pay, or respond negatively any other ways?
Thanks
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied. Can you please clarify if the policy she mentioned allows her to request a meeting at this stage?
Customer: replied 1 year ago.
Hello. I assume the policy does allow it when reading this part of the letter..... " in line with the Lead Employer Attendance
Management Policy I wish to arrange a meeting to discuss your current situation, provide any
necessary support and explore how we can assist your return to work''.
Expert:  Ben Jones replied 1 year ago.
Ok the first thing to check is whether this policy actually allows this to be done. Just because she has mentioned it in the letter does not mean it is the case – it could have been wrongly referenced, it could have been misinterpreted, etc. Even if the policy allows it, that does not mean the employer can force you to have such a meeting. There could be circumstances, especially in sick leave cases, where an employee is not in a position to meet or even discuss these issues with the employer. Your physical or mental state may simply not allow you to do so. In such circumstances, regardless of hat a policy says, the employer should consider your welfare first and postpone such meetings until a more appropriate time. Refusing your sick pay in this case would be unreasonable and potentially unlawful. I cannot say what else they may do but employers can discipline you or even dismiss you if they want – of course it does not mean it is fair and you can of course challenge it but that is what could happen. So make it clear that you cannot attend such meeting, that they have a duty to look after your welfare and that such a meeting is postponed until a time you feel better. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
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