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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50487
Experience:  Qualified Employment Solicitor
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My manager invited me to a return to work interview

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My manager invited me to a return to work interview yesterday, 3 weeks after I was off sick for a day. I was back at work the next day as was he and my staff handbook states that return to work interviews should take place on the first day back after illness.Do I have to attend as he has not complied with company policy.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What reason has he provided for asking you to do this, 3 weeks later? Please can you also tell me how long you have worked for this employer for? Thank you

Customer: replied 6 months ago.
We were both at work for the Thurs and Fri, he was off sick the following week , usually another manager would pick up his work, I was on holiday last week and we were both back at work on Monday this week. He only sits 6ft away from my work station and didn't even bother to ask how I was on my first day back ( I work in a food handling factory ). I have been there nearly 16 years.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. Whilst the employer has not strictly adhered to the company policy, there can sometimes be some flexibility allowed, especially as you only appear to have had one opportunity to hold this meeting before you were each away for some time. There could be various reasons why the meeting was not held on that one day you were both there. There may have been workload issues, he kay have forgotten the policy if not recently applied, it may have just slipped his mind. If you were both in the office for those 3 weeks and this was not held in thatbtime, then yes, I would say you have a good argument that it is now too late. However, if you only had one opportunity before each being away, then do not see this as a 3 week delay - in reality it is only a one day delay considering when you were working together and the opportunities you may have had to gold this.

If you strongly feel against attending then you can still refuse - they cannot force you to and whilst in extreme circumstances they may seek disciplinary action for failure to follow a reasonable management instruction, I would hope it won't come to that here as this is not such a serious matter.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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