Boss wants her doctors opinion

Tubberadora

I am having some issues in work lately with the boss and it has really got to me. Was close to having a breakdown recently. I am currently out of work on a cert for work related stress. This seems to have driven her mad and she has been looking at all my shifts on cctv as a result. Anyway as Im pretty sure she will find nothing she now wants me to go to her doctor. Is she entitled to ask this of me?

conor_ire

Yep she sure can, unless otherwise stated in your contract. Work related stress be hard to prove. Keep any emails between you and document any conversations.

If the stress is due to bullying or the likes you could see about the labour courts for comp. Reality of it is in this economy no one will be interested in paying staff for sick time.

seamus

Yes. The company is entitled to ask you to go to a doctor of their choosing.

However the same rules apply, the doctor cannot report back to them on your illness, they can simply issue a statement regarding your fitness to work.

Tubberadora

conor_ire wrote: »

Yep she sure can, unless otherwise stated in your contract. Work related stress be hard to prove. Keep any emails between you and document any conversations.

If the stress is due to bullying or the likes you could see about the labour courts for comp. Reality of it is in this economy no one will be interested in paying staff for sick time.

It is due to bullying and harrassment but its a small business and I would find it next to impossible to prove anything. Btw they are not paying me while Im off sick.

Mr. Presentable

Tubberadora wrote: »

It is due to bullying and harrassment but its a small business and I would find it next to impossible to prove anything. Btw they are not paying me while Im off sick.

There's no requirement for them to pay you while out sick, but you may be entitled to Welfare.

nanu nanu

Make sure to get a taxi there and a taxi back and then sue your boss for the fare, this will lift your spirits. Waste of time anyhow as one Doctor will not go against the word of another.

Resend

Tubberadora wrote: »

This seems to have driven her mad and she has been looking at all my shifts on cctv as a result. ?

can she do that? there are limits to what extent employess can be under cctv. data protection comm

stargazer 68

Resend wrote: »

can she do that? there are limits to what extent employess can be under cctv. data protection comm

Yep Im sure she can. If the boss suspects the OP is not legitimately sick then she has every right to check.

hartnett_mark

I think if she will be fierce than she will find something and will fire You.

Tubberadora

hartnett_mark wrote: »

I think if she will be fierce than she will find something and will fire You.

I know thats what she is trying to do. She wont find anything sackable imo.

Resend

Dovies wrote: »

Yep Im sure she can. If the boss suspects the OP is not legitimately sick then she has every right to check.

For example, using a CCTV system to constantly monitor employees is highly intrusive and would need to be justified by reference to special circumstances

Is this special circumstances?

stargazer 68

Resend wrote: »

For example, using a CCTV system to constantly monitor employees is highly intrusive and would need to be justified by reference to special circumstances

Is this special circumstances?

Its not constantly monitoring though is it? Its checking to ensure that a sick claim is legit

Mr. Presentable

You are not allowed to use cctv to monitor employees. However, you are allowed to monitor your cash points, entrances, exits and stock with cctv, thus allowing you to monitor your staff when they interact with same.

Extended or frequent sick leave can be used as a reason for dismissal.

Tubberadora

She isnt checking to see if Im sick, she is checking them trying to find an excuse to fire me.

Resend

Tubberadora wrote: »

She isnt checking to see if Im sick, she is checking them trying to find an excuse to fire me.

i do not know if it is excessive monitoring. I sugest you contact data protection commissioner. Maybe acomplaint would make her back off?

ITUPE

Out of interest, is the boss the actual owner of the business or is she just the manager?

Who is the doctor? For example, is the doctor the appointed occupational health physician of the business (with a qualification in occupational health), or is the doctor she wants you to see just a regular GP?

In other words, you need to check into the actual relationship of the Dr. to this boss.

I'd also contact the data protection commissioner about the constant cctv coverage. And if you do have a diagnosed Mental Health difficulty, you should also be aware that you are covered under the Disability Act and the Employment Equality Act in regards to "reasonable accomodation".

Tubberadora

ITUPE wrote: »

Out of interest, is the boss the actual owner of the business or is she just the manager?

Who is the doctor? For example, is the doctor the appointed occupational health physician of the business (with a qualification in occupational health), or is the doctor she wants you to see just a regular GP?

In other words, you need to check into the actual relationship of the Dr. to this boss.

I'd also contact the data protection commissioner about the constant cctv coverage. And if you do have a diagnosed Mental Health difficulty, you should also be aware that you are covered under the Disability Act and the Employment Equality Act in regards to "reasonable accomodation".

The boss is the owner yes.
I got a cert from my own doctor, but she wants me to go to her doctor. He has no affiliation to the business afaik. I have been there over 2 years and I never heard of her making somebody go to her doctor.

ITUPE

OK, you will need to cover yourself then just in case.

Make sure your GP has detailed written notes on file about what's going on in work, and how that is affecting you psychologically.

If you are under the care of a psychologist or a psychiatrist all the better, the thing same applies, make sure everything's documented.

Its also advisable to keep a detailed written record of all work related incidents (if you already havent started to do so), including dates of conversations, incidents, any calls, witnesses and the times. It also includes any calls/communications that you received in your home. I would recommend a specific folder.

Unfortunately, you will have have to go to see this occupational health physician....there's no way out!

I'd be as open as you can with this doctor, but do remember that this doctor is employed and paid by your boss, so you dont have the same kind of relationship including an expectation of confidentiality in what you tell them that you normally would have with any of your own doctors.

You should also be aware, that usually these doctors send on copies of their written occupational reports to the employer, together with their recommendation on your fitness to work. So bear this in mind if you are disclosing any kind of personal information.

You will have the right to access all medical records on file subject to Section 4 of the Data Protection Acts after the exam. So you will be able to get full access to the doctors report.

But there's another subsection under the Acts, where they can choose to refuse access to psychiatric related records if in the opinion of the data controller they consider that the disclosure may possibly be detrimental to your well-being or that of another. That's a get out clause that some people may find is often used, but that kind of decision if you do come up against it can be appealed to the Data Protection Commissioner's Office!

Equally, you also have the right to access all records held on you in work under the Data Protection Acts.

Turning to the exam, the doctor will ask you about your past medical history and if you are on any medications. They may also ask possible questions about your family personal situation and even your social life which all can go towards indicating if there's a genuine illness or not. The doctor should also assess how your illness affects you in your general daily functioning.

The doctor may also conduct a physical examination like pulse, bp, chest and a urinalysis etc.

You do however have the right to bring somebody (a friend or relative) along with you to this exam, and for this person to be present with you in the room throughout this process if you want to. There may also be a nurse present in the room during this process also.

Sometimes people find it helpful if you give some thought beforehand about how your illness affects you in your daily functioning, and moreso how it affected you in your working environment....so you are not caught off gaurd or thinking to yourself after the exam, that I should have said this or that!

I'd also make sure to make a point of telling this doctor about the constant cctv coverage, and if and how these actions exacerbate your condition and/or affect you mentally....and make sure that he/she documents it. And if you are at all distressed at any time, you do have the right to withdraw consent, and if its the case, tell this doctor that this experience is adding to your mental distress...and possibly impeding any chance of recovery.

If you know the name of the doctor, you can check the medical councils website to check to see if the doctor has a specialist qualification in occupational health medicine. Generally, if the qualification was in Ireland the register should read something like MFOM RCPI with Faculty of Occupational Medicine detailed in the segment on "additional qualifications", although there is no requirement in Ireland for doctors to detail all their specialist qualifications.

If you want to, you also have the right to ask the physician (and they must give it to you) for their medical registration number and to check the online register against that number, and you can ask them if they have a specialist qualification in occupational health (although its possible that that would possibly put their nose out of joint).

The councils website is http://www.medicalcouncil.ie/Registration/Check-the-Register/

harr

a quick question op how did you find out that she has been watching you on cctv did she tell you or did you see her do it? as stated above cctv can be used to monitor an area where is any stock or cash points on there premises.
Also be careful about what you say to the doctor about your social life,i have seen this type of thing trip people up before like people been out sick or ringing in sick and been seen out in bars and the likes.they can still let you go from your job even when you have a sick cert its all about you not been able to perform your duties that are in your contract.You could leave and bring a case of constructive dismal against them.Hope it works out for you.

Tubberadora

Thanks for your help, to be honest Im probably just gonna leave there anyway, Im kind of hoping that she does something out of order between now and me giving in my notice. As for how I know she is checking the cameras, I have been told by another member of staff. Again Im kind of caught here cause she is entitled to and I have no proof anyway.
I cant continue to work there knowing that my every move is being monitored for no good reason.

Resend

Tubberadora wrote: »

Thanks for your help, to be honest Im probably just gonna leave there anyway, Im kind of hoping that she does something out of order between now and me giving in my notice. As for how I know she is checking the cameras, I have been told by another member of staff. Again Im kind of caught here cause she is entitled to and I have no proof anyway.
I cant continue to work there knowing that my every move is being monitored for no good reason.

as harr says that may give you a case for constructive dismissal. I know someone in a similar situation though no cctv and i have warned them to think deeply before walking away. it may then be argued you just left but you may be able to argue constructive dismissal. Do keep copies of any corrrespondence.

poppy25

Hi Guys,

Im going to try and make a really long story short so i can get some advise on what to expect? Please be kind and bare with me ....

Ok, i started my job as a receptionist/salon co-coordinator in may of last yr, i signed a 6 mths contract, i had only been there about 3 months when the bullying started, my manager would say nasty things to my work mates about me, telling them i had no brain power, i was getting the sack, so on... I heard all of it back and decided to confront her, to which she denied ALL of the derogatory comments she made against me. I decided to put in a formal complaint, it was investigated, even though my star witness ( being the other receptionist at the time) had not been invited to attend the investigation? However, one of the girls did admit in the investigation to my manager saying that i was getting the sack, sfa was done about it! Upon closure of the investigation it was unsuccessful due to lack of evidence!! Pffff... My manager had told the ex receptionist that she was prepared to take 40e out of the till from petty cash under my PIN to quote 'teach me a lesson' about walking away and leaving my PIN open on the till!! She had been very devious to me, causing me alot of sleepless nights, in turn i ended up at my doctors who refused to let me go back to work due the stress and prescribed me anti-depressants to this day im still taking. During the investigation the company paid me full wages and told me that they would extend my contract another 6 months even though my other contract had not yet expired, I explained i could not go back to work along side that manager as it could cause me to end up very ill due to the depression i was now suffering with.

After careful taught and consideration i decided to lodge my complaint to The Labor Relation Commissioners to see if maybe they might get me some justice for me? This woman has shredded my confidence by telling other staff members that im 'Common as Muck', that ive 'No Brain Power' and many other hurtful and demeaning things, not only has she taken my confidence but shes taken my Independence, i lost my apartment, car etc due to been out of work. She has since been taken out of that salon as a manger and moved to another salon bk to her old job as a stylist. I would never have given up that job if i knew she was been moved. I am about to go into a meeting with the Labor Relations and have no idea what to expect? Can anyone help me and give me some advise on what to expect? I am currently 4 months pregnant and very emotional over the hole sorry situation, im in turmoil over losing a good job due to her indirect bullying and harassment!

Please Help me....Any advise is greatly appreciated x

R.Sole

poppy25 wrote: »

Hi Guys,

Im going to try and make a really long story short so i can get some advise on what to expect? Please be kind and bare with me ....

Ok, i started my job as a receptionist/salon co-coordinator in may of last yr, i signed a 6 mths contract, i had only been there about 3 months when the bullying started, my manager would say nasty things to my work mates about me, telling them i had no brain power, i was getting the sack, so on... I heard all of it back and decided to confront her, to which she denied ALL of the derogatory comments she made against me. I decided to put in a formal complaint, it was investigated, even though my star witness ( being the other receptionist at the time) had not been invited to attend the investigation? However, one of the girls did admit in the investigation to my manager saying that i was getting the sack, sfa was done about it! Upon closure of the investigation it was unsuccessful due to lack of evidence!! Pffff... My manager had told the ex receptionist that she was prepared to take 40e out of the till from petty cash under my PIN to quote 'teach me a lesson' about walking away and leaving my PIN open on the till!! She had been very devious to me, causing me alot of sleepless nights, in turn i ended up at my doctors who refused to let me go back to work due the stress and prescribed me anti-depressants to this day im still taking. During the investigation the company paid me full wages and told me that they would extend my contract another 6 months even though my other contract had not yet expired, I explained i could not go back to work along side that manager as it could cause me to end up very ill due to the depression i was now suffering with.

After careful taught and consideration i decided to lodge my complaint to The Labor Relation Commissioners to see if maybe they might get me some justice for me? This woman has shredded my confidence by telling other staff members that im 'Common as Muck', that ive 'No Brain Power' and many other hurtful and demeaning things, not only has she taken my confidence but shes taken my Independence, i lost my apartment, car etc due to been out of work. She has since been taken out of that salon as a manger and moved to another salon bk to her old job as a stylist. I would never have given up that job if i knew she was been moved. I am about to go into a meeting with the Labor Relations and have no idea what to expect? Can anyone help me and give me some advise on what to expect? I am currently 4 months pregnant and very emotional over the hole sorry situation, im in turmoil over losing a good job due to her indirect bullying and harassment!

Please Help me....Any advise is greatly appreciated x

Hi, i am in a very similar situation in fact nearly identical and was wondering about the outcome or if you could give me some advice.

jimmycrackcorm

R.Sole wrote:

Hi, i am in a very similar situation in fact nearly identical and was wondering about the outcome or if you could give me some advice.

Unlikely given this is a four year old thread.