Company requesting to me to see company selected doctor

Cyphersmurf

As in the title, my company is requesting I see a doctor they have selected locally, they haven't given me much notice on the issue, a total of 3 days in fact, and the worrying part to myself is that it has been commented, by my direct manager, that this is a procedure used to terminate employees contracts under the guise of caring (he mentioned this long before I was ill enough not to be able to attend work but I believe he forgot he told me this. he called it "managing someone out of the company" )

as a bit of info:
I'm suffering from depression.
I've been out sick since late last year.
The issue I'm suffering from however has been ongoing for years (5+) but recently has become worse.
I've constantly been certified by my doctor since then.
My doctor has referred me to the local hospital to get a consultant to review my issues as he ,in fairness, has done all he can to monitor the issue and help but feels I need specialist help.
I have had my medication change several times over the course of the illness.
My counsellor has recommended that work is also causing me issues that are not helping my recovery and that to follow my doctor's advice and not attend work until I'm capable of doing so.

in addition it was mentioned to me that while sick that i cannot be asked to attend any work related meetings as it is against the law, but i cant find any evidence to support or counter this.

I've spent years with this employer and won countless awards from them so I'm kinda deflated that they seem to want to dismiss me now that I'm not well.

If I could get some advice on the issue to help me understand what i can do i would greatly appreciate it!

_Brian

Sorry to hear about your trouble..

Its withing normal procedure to have an employee who is out sick for so long see a company appointed doctor, since your not working and providing it doesn't clash with other appointments then 3 days should be enough notice.

As for it being a method of moving on employees.. well at a stretch it may be but its not a particularly easy or watertight one if an appeal was lodged or an unfair dismissals claim taken afterwards.

I've sent employees along just because its the next step in the illness policy, then filed away the report from the doctor on their file with nothing more about it.

Either way my advice is go along and roll with it. Worse case and you don't agree with the report you should have the option to visit a third doctor for yet another opinion.

You have to remember, and this is casting no doubt on your situation. Some doctors hand out certs like tissues. this is seen as a handy thing by some employees but the fact is it demeans the certs given to genuinely sick and ill employees and so the process has to be designed to cover every eventuality, for chancer and genuine employee alike.

Good luck either way !

Cyphersmurf

Thanks for the reply!

Helps me put things in perspective.

As for the timing unfortunately i have made other arrangements on the day so it was an extremely short notice for me. So I'll have to rearrange, it is in the company policies so I'm aware i will have to attend to adhere to company policies, and and the law as I saw.

unfortunately it leaves me in the awkward limbo of being aware a 30 minute chat with a doctor will not be able to properly gauge years of issues and it doesn't seem like it's supposed to.

in addition i am aware of another employee who is been out longer than myself who isn't being asked to go through this process, so it does feel certainly like either they a) dont believe me, b) treat mental illness different to physical illness, c) are genuinely trying to fire me.

I find it difficult to digest that someone gets different treatment just based on the type of illness.

davo10

Op, inability to carry out your duties along with long term absentiism can be cause for termination of employment. The Doctor may be giving an opinion on if and when you are likely to be able to return. This is perfectly legal, in fact it is commonplace in the HSE for employees to attend an independent GP for assessment after a certain period of absence.

From citizens advice website:

Your employer could give one or more of the following reasons for your dismissal:

Capability
This includes issues such as lateness, absenteeism and persistent absence through illness or injury, either short-term or long-term.

If lateness or absenteeism is at issue, your employer will be expected to have documentary proof of this allegation, such as clocking-in records or documented absences on file that are not medically certified. In addition, your employer will also be expected to show that you were made aware of the problem and that you were warned as to the consequences for your continued employment.

If illness or injury is at issue, it is often assumed that you cannot be dismissed fairly while on certified sick leave from your work. However, this is not true. It is difficult to lay down hard and fast rules to apply to these cases as each will be treated on its own merits. Issues such as length of service, previous record and the importance of the job will vary and will have to be taken into account. These types of claim are often divided into short-term and long-term absences.

Dismissal related to short-term illness generally occurs where you have a medical problem that results in frequent absences for short periods from the workplace. Assuming that the genuine nature of your problem was not in question, your employer will have to show that a pattern of absence exists, that it is causing problems, that the problem is unlikely to get better and that you have been warned that dismissal is likely.

In a case of a long-term absence, however, your employer will be expected to obtain detailed medical evidence that an early return to work is unlikely. There is no set period of absence by which it can be said that a dismissal will or will not be considered reasonable. Obviously, the longer the absence, the easier it is for your employer to show that it is causing genuine difficulty in terms of the organisation of the workplace.

In terms of medical evidence you may be required to attend your employer's medical expert. If there is a conflict of medical evidence between you and your employer as to the possible return date, your employer will be expected to get a second opinion before taking the decision to dismiss you.

Eoin

In my last company, we (managers) were told by HR that depression is considered a disability, which means that the company must make reasonable efforts to accommodate someone (change of work patterns etc). So my understanding is that it's not quite as clear cut as being let go for long term illness.

Stheno

Eoin wrote: »

In my last company, we (managers) were told by HR that depression is considered a disability, which means that the company must make reasonable efforts to accommodate someone (change of work patterns etc). So my understanding is that it's not quite as clear cut as being let go for long term illness.

Same here.

OP you need to attend the doctor and have a full and frank conversation with them. If they do this stuff regularly then they will have a fair insight into employment law and how your illness is affecting you.

Irish_Elect_Eng

Stheno wrote: »

Same here.

OP you need to attend the doctor and have a full and frank conversation with them. If they do this stuff regularly then they will have a fair insight into employment law and how your illness is affecting you.

I would also suggest that frank conversation with you employer is needed>

Surely the uncertainty is a stressor that you could live without.

The reality of a situation is almost always less stressful than the multiple imagined outcomes.

glic71rods46t0

Cyphersmurf wrote: »

As for the timing unfortunately i have made other arrangements on the day so it was an extremely short notice for me. So I'll have to rearrange, it is in the company policies so I'm aware i will have to attend to adhere to company policies, and and the law as I saw.

.

If the appointment was during your normal hours of work then, unless your "other arrangements" are medical related I would have a major problem with your stance (if I was your employer). Your notion that three days is "extremely short notice" is baffling to be honest. I think you should be very careful as to how you relay this kind of attitude to your employer.