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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son suffers from Chronic Fatigue Syndrome (or ME) he has

Resolved Question:

My son suffers from Chronic Fatigue Syndrome (or ME) he has been signed off work for several months now. He is unable to drive very far and the condition has severely impacted his cognitive abilities, he suffers constant headaches and muscle pain and finds even walking difficult. His employer appointed a consultant occupational physician to examine him in December and the resultant report confirmed my son to be unfit for any kind of work and estimated it could be another 12 months before even a phased return could be considered. On Friday the company sent another independent nurse to meet my son and provide the company with a further update on his condition. Today he had a conference call with his employers to discuss a phased return which has been followed by an email. They have not yet received the Nurse's report from Friday and he he still,signed off as fully unfit for work by his GP. His job is as a field sales manager. He feels he is being harassed by his employer and is not sure what he should do. Can you advise?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. firstly can you please tell me how long he has been employed there with out any breaks.
Customer: replied 1 year ago.
Hi Ben
4.5 years
Expert:  Ben Jones replied 1 year ago.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. An employer has a duty to try and help a disabled employee return to work or at least make reasonable adjustments to plan for their eventual return. If he is signed off for a prolonged period the employer should leave him and not contact him unnecessarily until he is in a position to return to work as certified by a competent medical professional. I don't now what the reasons for the employer’s actions are at present and whether they are trying to be too helpful or if they are not actually considering his circumstances very well and do not understand the position. If he feels harassed by them he should certainly let them know and ask that they treat him in a more sensitive manner. It is all well the employer trying to help but there are circumstances when the best help is to stand back and just be supportive once he is in a position to return.
It is best to approach them informally at first and ask for some space, reminding them of the fact he is signed off for a long period and in no position to be even contemplating a return. Tell them that you will keep them informed of his situation and that as soon as their help is required you will contact them and discuss the situation. If necessary you may also consider raising a formal grievance with the employer to have this matter dealt with officially.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45359
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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