Advice please. I have had six months full pay during my absence with cancer and managed to finish treatment within this period as I couldnt afford to go to half pay. I told HR my intended return date and signed consent forms two months ago for Occ Health to get reports from GP and Hospital but I’m still waiting to be assessed. My GP has given me a fit for work note - phased return - but HR are now saying I cannot return until I’ve been assessed. This means I go to half pay. Occ Health have only just written to my GP and the hospital so it could take weeks. Help!
bumping
I am not very knowledgeable about employment laws, but this seems terribly unfair - you have made yourself available for work, and have a fit note from the Doctor saying that you are able to return on a phased basis, so it seems wrong that they are treating you as still sick.
Hope that the GP and hospital are prompt in their replies and this gets resolved quickly x
Helo,
I agree with the above comment, it doesn’t sound right. Do you have a union rep or grievance proceedure that you could talk things through. It’s bad enough being on this journey without others tripping you up!
Hi Angie, Have you been told that your pay will be cut? It might be worth checking with HR to see what they are intending to pay you. If you’re fit for work and your employer is telling you not to come in that’s not the same as being off sick. You would normally expect full pay. Having said that on a phased return the employer only has to pay for the hours you’re at work, not full pay, unless the contract, handbook, policies etc. say differently. But you still shouldn’t be incurring a loss because your employer won’t let you back.
If you check with HR and still are unhappy you could try phoning ACAS helpline 08457 47 47 47 for advice.
Hope you get it sorted soon, I know it’s extra stress that you absolutely do not need right now.
Take care.
They have told me I should be on half pay now, but they will honour full pay this week and next in the hope they will receive a report from Occ. Health. This isnt realistic. My GP has to do a report and he’s not back till next week. Then I have to be assessed by Occ. Health. By which time I will be on half pay. But I’m not sick! I have already given them a Fit Note. I just can’t work my normal 8 - 12 hour days!
I am asking the Union their advice but this stress is so upsetting.
Hi Angie
I agree with the other comments - you should not be penalised because they can’t get their admin act together.
If you signed the consent forms 2 months ago, this should have given them ample time to get this organised.
What does your manager say?
Dx
All I keep hearing is Duty of Care … we don’t want to put you at any risk. Well the stress they’re putting me under will no doubt cause more cancer!
I made an appointment with Occy Health. Told them I had a fit to work cert from GP and they asked me when I wanted to start back. Tomorrow, said I. Fine. Phased return is what the GP said, and they would want that anyway. I would argue with OH that they nened to contact the GP - if you’ve been signed fit for work, he would just say you were fit for work, so it’s a waste of time. Forget HR (in my outfit they’re rubbish anyway)… So exhausting to have to be assertive as well as get back to work, but their job is to get you back asap… not prolong your absence… snarling on your behalf!!! Go Angie!!
Hi Angie
I am an HR Admin in my usual job - off sick at the moment (lol). If that happened to me I would remind Company that they have a duty to make resonable adjustments for those with BC under the Disability Act. They only have to pay you for the hours you work when you are phased back in - the hours should be by mutual agreement, preferably something in writing. You have Employment Law on your side. Any reduction in your pay must be as per your conditions of Contract and with prior notification to you. If they do not allow you to return to work, and you suffer financial loss, it could be interpreted as your company being obstructive and may even be construed as constructive dismissal (in plain terms making life difficult for you)!
I get 13 weeks full pay then 13 weeks half pay then I guess employment support allowance, which is not much difference to half pay anyway. My boss said I can return any time I like on any hours I like, even if it’s only 1 or 2 days a week, but as I see it I would be paid something whether I’m at work or not and at the moment would rather be at home taking things easy and return when I am ready and with doctors advice.
I am lucky to have such an understanding boss :o)
Daysie x
PS to Angie
Re Duty of Care… if they are quoting this at you and they are seriously concerned about Health and Safety for you, then ask for a copy of the Risk Assessment your Health & Safety Rep should have carried out for you and the company…! They can’t quote stuff and not back it up!
Daysie x
HR Super Sleuth lol
Thanks Daysie. Remploy now involved to assess my work station, which I’m glad about actually, because of the risk of lymphoedema - I sometimes do a lot of typing!
However, I have checked with others in the company that have been off sick for several months and they didn’t have any Health Management Assessment. One guy, who carries equipment around, has just returned after major spinal surgery - no assessment - they just accepted his fit for work note - and are phasing him back in on light duties. So, why are they insisting on reports from hospital, gp, an assessment etc … I have been there over 30 years, and I just want to get my life back to normal!
Actually, I dont mind being assessed and them getting reports etc but I do mind being penalised by reducing my pay - as they say its sickness absence, which it clearly isnt. I have given them a FIT NOTE dated 3 Oct! I have said to HR don’t you think I’ve been through enough, I just want to get on with my life and put cancer behind me. All I get is they understand but they have a duty of care!! Does anyone think this is just to reduce my salary or make me leave??
I don’t know Pet, but I know that my return to work will be a mess.
HR 200 miles away, no Occy Health, no care whatsoever so far.