Work calling me all the time

LegacyUser

Hi

I'm off sick from work due to severe anxiety (panic attacks etc.) and depression. But HR at work calls me a least once a week asking me to go to company doctors and calling me in to them. Is this acceptable behavior? I know they need to know how I am but doing this is actually making me feel worse. They really do sound as if they do not believe me as my own doctor's opinion is obviously not good enough. I'm shaking with nerves just thinking of it. Any opinions on this sort of behavior. Is it normal?

Nevyn

It is normal that when you are out sick for a considerable length of time that someone hr or your manager rings you once a week. It is also standard practice to have you seen and assesed by the company dr. Given how you are it's not helping I understand that but
you do need to go see the company dr.

Cheap Thrills!

Yep, totally normal. Don't take it personally whatever you do. It's standard procedure.

LegacyUser

ok thanks very much guys

nicegirl

I am sorry to hear you are suffering with what you have. With regards to being off work due to severe anxiety, and your employer calling you every week, yes as the above people stated they are entitled to do this. HOWEVER, if their actions are causing you greater anxiety and stress, what you need to do is to inform your employer this, in writing preferably, and to state that you will be off work until you are fit to return. IF your employer fails to take this on board, and continues to call you, then it could be viewed as a form of Indirect Discrimination, which is unlawful. This is where an employer uses a procedure or policy, which can have an effect on your health, where they have been already informed their procedure or policy would. If you follow the above, then they should leave you alone. Drop me a PM, if you need any further advice. I hope you feel better soon.

nicegirl

I also meant to include that anxiety and depression as recognised as disabilities, and therefore would be indirect disability discrimination, and you are therefore protected as having disabilities.

tenchi-fan

seriously nicegirl, your intentions are good but you sound like a student union rep.

"indirect disability discrimination"??? nonsense.

Employers have a right to know when to expect an employee back at work. They need to arrange cover, temps, and to put in place any special arrangements which may be required for when the employee returns. Also they will want to ensure employees aren't abusing sick leave - completely understandable as they are paying the costs. If HR apply this policy across the board there is no discrimination.

jimmycrackcorm

nicegirl wrote: »

I am sorry to hear you are suffering with what you have. With regards to being off work due to severe anxiety, and your employer calling you every week, yes as the above people stated they are entitled to do this. HOWEVER, if their actions are causing you greater anxiety and stress, what you need to do is to inform your employer this, in writing preferably, and to state that you will be off work until you are fit to return. IF your employer fails to take this on board, and continues to call you, then it could be viewed as a form of Indirect Discrimination, which is unlawful. This is where an employer uses a procedure or policy, which can have an effect on your health, where they have been already informed their procedure or policy would. If you follow the above, then they should leave you alone. Drop me a PM, if you need any further advice. I hope you feel better soon.

I'd be wary of following that advice. I was on an absence management course and there was an example labour court case given that seemed straight forward for the employee but was found in favour for the employer because to hold on to your job you have to be fit for the job. I think it's more advisable for the op to accept that it's not abnormal for an employer to enquire at regular intervals into how long they may be off. A call once a week is reasonable.

nicegirl

tenchifan wrote: »

seriously nicegirl, your intentions are good but you sound like a student union rep.

"indirect disability discrimination"??? nonsense.

Employers have a right to know when to expect an employee back at work. They need to arrange cover, temps, and to put in place any special arrangements which may be required for when the employee returns. Also they will want to ensure employees aren't abusing sick leave - completely understandable as they are paying the costs. If HR apply this policy across the board there is no discrimination.

Employers have a right to know when an employee is expected to return to work, and to know if their condition is genuine for them to be off work with it. An employee MUST attend the company doctor in line with the Health, Safety and Welfare Act of 2005. As I stated above, the OP should state in a letter to their employer when they are expected to return to work, and that the employer calling them every week is having a detrimental effect on their condition, and for this to be taken into consideration by the employer. However, if the employer fails to do this, then it is viewed as indirect disability discrimination, which is unlawful.

nicegirl

jimmycrackcorm wrote: »

I'd be wary of following that advice. I was on an absence management course and there was an example labour court case given that seemed straight forward for the employee but was found in favour for the employer because to hold on to your job you have to be fit for the job. I think it's more advisable for the op to accept that it's not abnormal for an employer to enquire at regular intervals into how long they may be off. A call once a week is reasonable.

Like I stated above, if the employee sends a letter to the employer, to inform them of the situation. An employee is only "Unfit" for work when they are unable to work a continuous daily basis. If the OP is off work for a period of time, the employer can send the OP to the company doctor to see how they are feeling, and when they are likely to return to work. This should be addressed to the employer from the company doctor, and to leave the employee regain full health without phone calls every week. I will put it this way, if a person was out from work for a number of months with cancer, the employer would be informed of this, and when they are likely to return. During that time, an employer can get in a temporary person, or whatever is needed to take the place of the ill employee. I have stated cancer, because cancer is recognised as a disability, the same way anxiety and depression are, and an employee should not be treated in any different way.

nicegirl

jimmycrackcorm wrote: »

I'd be wary of following that advice. I was on an absence management course and there was an example labour court case given that seemed straight forward for the employee but was found in favour for the employer because to hold on to your job you have to be fit for the job. I think it's more advisable for the op to accept that it's not abnormal for an employer to enquire at regular intervals into how long they may be off. A call once a week is reasonable.

I noticed you also mentioned a case from the Labour Court which the employee lost, and the employer won. The employee in this case was more than likely out of work for a long period of time, possibly a few months, possibly a year. If the employee themself in medically unfit to work for the foreseeable future ie in months to come or in years to come, then it would be correct for the employer not to hold onto their job forever, and to leave the person go. This would not be an unfair dismissal case, but would be the correct and just thing to do in the interests of the employee and the employer.

mood

I would seek legal advice if possible as you need to get this 100% right. Are you a union member? If so they could advise you. Citizens Information my also be able to help.