Advice on how to deal with pushy employer

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prayerman1973
prayerman1973 Member Posts: 24
edited 8. Aug 2009, 19:13 in Benefits and Working Matters archive
Hi,
I work as a caretaker in a local church which involves a lot of lifting, carrying, ladder work etc. The GP signed me off with a note to employer stating that there is signs of joint damage throughout and that I should refrain from work for a minimum of 2 weeks. I do not pay tax as I do not earn enough and do not get sick pay so I made a temp claim for ESA.
The problem is that things have got worse not better and I have to wait until at least 2nd July until I see specialist to find out why, so I think I will be back to GP, although they said wait to see specialist, to get more advice about the shoulders.

In the meantime my employer has called every day asking what's the news and when will I be back, I have explained the shoulders and hands are painful and weak at the moment and will not be able to resume duties until something is done about it. Today he contacted me over 30 times. Is there something I can say to them without them getting upset or should I just resign altogether? your advice is welcomed

Alan

Comments

  • woodbon
    woodbon Member Posts: 4,969
    edited 30. Nov -1, 00:00
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    Hello, So sorry that you'r having all this trouble, on top of the pain, it must be hard. To me it sounds as if you'r employer is harrassing you and they are not allowed to do this. I think it would be a good idea to talk to someone from the Citizens Advice, they can give you all the help you need and they know the rules. Also when your employer rings make a note of the date, time and length of the call and details of what is said.

    Hope you soon get this sorted out as it really is against the law to harress someone. Take Care Sue
  • taboo66
    taboo66 Member Posts: 25
    edited 30. Nov -1, 00:00
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    Thats right,with a sick note from your doctor they are not allowed to contact you.

    Di x
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
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    That sounds like harassment to me a phone call once a week just to see if your ok seems reasonable but 30 times in a day??

    See the cab asap,good luck :wink:
  • ninakang
    ninakang Member Posts: 1,367
    edited 30. Nov -1, 00:00
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    Hi Alan

    I don't have anything to add to the above except to check if you have a copy of your employment policy? You could check sickness on there for the CAB.

    Good luck, we're all behind you on this and keep coming on here to keep us informed.

    Nx
  • prayerman1973
    prayerman1973 Member Posts: 24
    edited 30. Nov -1, 00:00
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    Thank you all for your supportive words.

    I wrote an email to the man concerned, also forwarding to the Rev. in charge. I detailed our previous conversation and stated that 32 phone calls in one day with 6 identical messages was not necessary or acceptable.
    I did not receive a phone call or email so I am assuming that my employ with that church is over, which I am not upset about as after 27 months I have witnessed things that made me very uncomfortable.

    Thank you once again

    Alan
  • woodbon
    woodbon Member Posts: 4,969
    edited 30. Nov -1, 00:00
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    Hello,
    I don't think they can just sack you like that. These days theirs a long procedure to go through before legal sacking. I think that you have to be working for a certain length of time but 27 months would be much longer and they need to give you warnings and things. Please go the CAB and get advice from people who know the rules. You could have a case for wrongful dismissal, but I don't know how the rules stand. CAB will. Good luck. Sue
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
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    Alan,just want to agree with Sue,don't roll over fight them.You have a disability and they have harassed you.

    Go down to the CAB Monday,i would be waiting for them to open :x
  • eckstardeluxe
    eckstardeluxe Member Posts: 1,192
    edited 30. Nov -1, 00:00
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    I think it depends on the Employer. They do have to prove they have kept in "reasonable touch" with you.

    I had a line for 4 weeks during a very serious bout of PTSD. I was eventually off 12 weeks. My Manager contacted me every week. I put in a grievance about him stating I felt harrassed especially given the fact the condition is extremely stressful. It was upheld. He also tried to put me on Stage 1 attendance when I returned. I disputed that and again it was upheld. I requested a move and stated it was urgent. They fannied about for a while so I took it to a H&S expert outwith the building but employed by same as myself.

    She wrote a 3 page letter to my boss and his boss threatening a Tribunal. It was fantastic, she was criticising them for even allowing me to return when they had not consulted a relevant irganisation such as MIND. They totally **** themselves and I was moved within 1 hour of that letter being delivered!!!!

    Fight the powers that be.
  • oneday
    oneday Member Posts: 1,434
    edited 30. Nov -1, 00:00
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    eckstardeluxe wrote:
    I think it depends on the Employer. They do have to prove they have kept in "reasonable touch" with you.

    I had a line for 4 weeks during a very serious bout of PTSD. I was eventually off 12 weeks. My Manager contacted me every week. I put in a grievance about him stating I felt harrassed especially given the fact the condition is extremely stressful. It was upheld. He also tried to put me on Stage 1 attendance when I returned. I disputed that and again it was upheld. I requested a move and stated it was urgent. They fannied about for a while so I took it to a H&S expert outwith the building but employed by same as myself.

    She wrote a 3 page letter to my boss and his boss threatening a Tribunal. It was fantastic, she was criticising them for even allowing me to return when they had not consulted a relevant irganisation such as MIND. They totally **** themselves and I was moved within 1 hour of that letter being delivered!!!!

    Fight the powers that be.


    Brilliant!
  • oneday
    oneday Member Posts: 1,434
    edited 30. Nov -1, 00:00
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    prayerman1973 wrote:
    Thank you all for your supportive words.

    I wrote an email to the man concerned, also forwarding to the Rev. in charge. I detailed our previous conversation and stated that 32 phone calls in one day with 6 identical messages was not necessary or acceptable.
    I did not receive a phone call or email so I am assuming that my employ with that church is over, which I am not upset about as after 27 months I have witnessed things that made me very uncomfortable.

    Thank you once again

    Alan

    I think they have been told they cant treat you like that and thats why you havent heard anything, dont let them win!
  • karenblack
    karenblack Member Posts: 12
    edited 30. Nov -1, 00:00
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    taboo66 wrote:
    Thats right,with a sick note from your doctor they are not allowed to contact you.

    Di x
    Sorry Di, thats not correct, while your employer has a contract of employment with you it is his duty to call you just to make sure you are ok, yes you are correct that he cannot harass you while having a doctors certificate, but he cannot ask you when you plan to return to work.

    Karen
  • valval
    valval Member Posts: 14,911
    edited 30. Nov -1, 00:00
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    thats right he can not ask u when u r coming back like that its up to your doc not u one of the people i work with broke her leg although work sent cards and flowers the boss did not visit till was asked to as they r not aloud to u r not fit to work and could do your self or some one else damage if u go back to soon good luck
    val
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