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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78615
Experience:  Qualified Solicitor
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Its a sickness/employer issue, None, Emoyees in a private

Customer Question

Its a sickness/employer issue
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: None
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Emoyees in a private compNy
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Is this free of charge
JA: JustAnswer requires a modest payment. You'll see the amount on the next page. It's way less expensive and more convenient than any face-to-face visit.
Customer: Ok
Submitted: 8 days ago.
Category: Law
Expert:  Ben Jones replied 8 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 8 days ago.

I understand you have an employment related query. Please provide some more details of your situation

Customer: replied 8 days ago.
Hi Ben
Im employed as a receptionist in a private retirement village. I've been there for 12 years.
Basically I've been suffering with anxiety and depression order and have been off work now for 5 months. I am constantly receiving emails. Messages texts, WhatsApp messages and staff pushing letters through my door. All this is adding to my anxiety and I have attended a face to face mth with them about a month ago.
They say its to keep in tough with me but I dont want to be made to attend. I should have gone again two weeks ago and I was that anxious I politely asked if I could re schedule., then they said because I didnt attend we have to go down the occupational therapy route. So I had an assessment last Thursday and the outcome is I am not fit for work. Now they say I have to do another meeting this Friday.
I said why? As I done have anything to say or can give them any indication as to when I'll be better. I appreciate they have to know whats going on to cover my absence and I always get my sick notes iron time even tho they start texting me a week before about it every month. Do I have to keep going in? My workplace is responsible for most of my anxiety
Carol
Customer: replied 8 days ago.
I cant afford to pay for a call
Customer: replied 8 days ago.
My son suggested a zoom or any other platform for the meeting but I just want them to stop
Customer: replied 8 days ago.
I also have diabetes and ulcerative colitis and since lockdown and 2 bouts of covid my conditions are suffering. I've got to the stage now where if they finish me what will be will be.
Expert:  Ben Jones replied 7 days ago.

Thank you for providing this information. How long do you think you will be off on sick leave for?

Customer: replied 7 days ago.
I've no idea. This is my 5th month now, I thought I was getting a lot better until work start or I have to speak a while on the phone to someone then it all comes flooding back.
Expert:  Ben Jones replied 7 days ago.

OK I understand and just to clarify your query, you are wanting to know whether you are obliged to attend these meetings - is this correct?

Customer: replied 7 days ago.
as its not doing my anxiety any good. I said you have the occ therapy report and what more can I possibly add to which they said its not about answers but contradicted themselves and said its just about how we go forward and I said I'm unable to answer that
Expert:  Ben Jones replied 7 days ago.

OK I understand and thank you for providing the information requested. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 7 days ago.
I just want to add that I'm on of the hardest working people there. Im respected by the residents and am always keeping everything up to date. Since one of the directors has been made to work there as a domiciliary manager it has been awful place to work. Im just trying put you a picture in place that I'm not off work because I want to be and she is a nasty piece of work and have seen her do bad things on staff. Im not concerned at all if they finish me as when I'm better I can get a 2 days a week local job. I just want know if I can say NO .
Expert:  Ben Jones replied 7 days ago.

OK I understand. Leave it with me and I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 7 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

Even though the employer can still contact you from time to time during your absence, this should be kept to a minimum and only for critical matters. Whilst the employer can take steps to try and help you with your condition and assess your fitness for work, they need to work around you, especially considering what may be the case of your sickness absence, Therefore, if you are suffering from anxiety/depression and the employer is the main cause of this, they need to seriously consider how they approach this and ensure that their actions now do not aggravate the situation and make things worse for you.

If they ignore this and negligently continue bombarding you with correspondence and asking you to attend meeting, without having any regard to your condition and health, that could amount to potential harassment.

In that case you can consider a formal grievance with them to officially make them aware of how their actions are affecting you.

You can get a detailed explanation of the grievance process here:

https://www.acas.org.uk/grievance-procedure-step-by-step

Expert:  Ben Jones replied 7 days ago.

In summary, an employee is expected to submit their concerns in writing and send them to their line manager, or whoever is nominated as the person to send grievances to under an official workplace grievance policy.

The complaint should include details of what the grievance is about, any evidence that may exist which is relevant and also what the employee wants their employer to do about this issue.

Once the grievance has been submitted, the employer is expected to arrange a formal grievance hearing, inviting the employee to attend and discuss the nature of their complaint. The meeting is also as an opportunity to ask for further clarification or information, as required.

Following the meeting, the employer will take time to consider all the issues and evidence and then make a decision, communicating it to the employee. If the outcome is not to the complainant’s satisfaction, they can appeal and get a second opinion from a different person assigned by the employer to consider the appeal. Once the appeal is also completed, that brings to an end the formal grievance process and there is no option to escalate it further internally.

Expert:  Ben Jones replied 7 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 7 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.