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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work LONdon. I had a stroke on 9 January 2016

Customer Question

I work for GoAhead LONdon. I had a stroke on 9 January 2016 and was admitted into hospital for three weeks. After my discharge I went to my GP who issued me with a medical certificate which expires on 4 April. I also rung DVLA to explain the position who informed me that I will not be able to drive a bus for 12 months.
My medical report says that my recovery may take as long as 12 months and I will not be able to attend work until my doctor has given me the OK.
The problem that I have is that my company is sending me letters each week regarding my absence from work although they are aware that I am unable to work because of the stroke. They have arranged an interview for me to attend on 17 February which I am unable to attend.
Please could you tell me what are my rights regarding this?
Many thanks
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello how long have you worked there for?

Customer: replied 9 months ago.
IV'e worked there for 11yrs
Expert:  Ben Jones replied 9 months ago.

Are there any other positions you could do in the meantime, for example something which does not involve driving, like an office based job with the same employer? Or are you completely unfit to do any work for that period?

Customer: replied 9 months ago.
i honestly do'n't believe I CAN TAK THE PRESSURE OF WORK JUST YET,i still need more time to recover
Customer: replied 9 months ago.
I'M UNDERGOING PHYSIO AND THERAPY AT HOME AT THE MOMENT SALSOY
Customer: replied 9 months ago.
i feel pressured to go back to work even though I'M NOT YET FULLY RECOVERED, ARE HEY ARRAASSING ME?
Expert:  Ben Jones replied 9 months ago.

If you are likely to be off for 12 months and unable to work as a result then the likelihood is that you would be classified as disabled under employment law. This gives you certain rights in the workplace. First of all the employer cannot discriminate against you because of your condition. Also they must make whatever reasonable adjustments are necessary.

You can go off sick long term if you need to. The employer needs to accept that and should not pressure you to return before you are certified fit. They have a duty under health and safety laws to ensure your health and wellbeing are looked after so if they force you to return too early they could be in breach of these obligations.

They can request information about your condition to determine its extent and how it may affect you working (or not) and to give them an idea of what reasonable adjustments may have to be made. However, they should not be too forceful and if you cannot attend a scheduled meeting then simply advise them of that and ask for it to be rearranged or for the matter to be dealt in writing or over the phone. Continued pressure could indeed amount to harassment and you could consider raising a grievance with them to formally complain.

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 9 months ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

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