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Contact with employer during absence........

loricalorica Posts: 187
Hi

Is there any laws regarding having contact with your employer during absence? I know that employers have to be careful of harassment. My employer does not call me I have to call them once a week...... its almost like i have to report in. Anyone got any advice?

Thanks

Mark

Comments

  • pluggathomepluggathome Posts: 171
    edited 30. Nov -1, 00:00
    I have to contact my employer within 1 hr of my start time to let them know if I am going to be off.

    If I am off long term with a sick note they are happy with weekly updates but not obligatory. The only time I have to contact them is on renewal of sick note so that they can plan my work as I have a personal case holding.

    I always however protect myself if i am off and email them first day with current position on all of my files and give them the option to contact me for advice/guidance on them.

    I think it depends on your boss/company. i am very lucky in that my immediate boss is very understanding and even did someresearch herself so that she could understand arthur better. Hopefully my new employer (as being made redundant as company closing) when i get my new job will be as understanding.

    Pluggx
  • onedayoneday Posts: 1,650
    edited 30. Nov -1, 00:00
    i think i would just ring in to say if sick note was running out that i would be sending in a new one etc.
  • coco67coco67 Posts: 2,441
    edited 30. Nov -1, 00:00
    I just send in my sick notes, i have a fowl employer and cant talk to her, my friend took my last sick note in for me and said its a wonder no one has punched her lights out as she is vile. i will be sacked from my job when this sick note runs out, i was a home carer, i dont know where i stand or what happens when im sacked but there is no way i can go back to work for them, my condition dont allow and i now know why so many staff have left since i went off several months ago any advice on where to find out my rights. im newley diagnosed and not got proper pain managment etc yet.
  • janie68janie68 Posts: 1,186
    edited 30. Nov -1, 00:00
    Coco

    You should start to look into applying for benefits such as ESA, DLA if you will no longer have a job. I presume you are getting SSP at the moment?

    It'll be good to leave that behind you anyway, your boss sounds horrfic, how does she get away with it

    Janie
  • coco67coco67 Posts: 2,441
    edited 30. Nov -1, 00:00
    i am getting ssp at the moment and my sick note takes me to july so i have a little time to find out what i need to do. i am deverstated at not being able to go back to careing and will miss my clients but by joy i wont miss my boss, i always had her down as a bit of a sour c** but she has excelled herself. i cant bring myself to talk to her as i dont think i could be polite. i think i need to take a bit of me time, find out all i can about this arthur and what i can do to manage it then look at where i can go job/life wise from there, its like swimming against the tide at the moment. thankyou for answering my post x
  • coco67coco67 Posts: 2,441
    edited 30. Nov -1, 00:00
    recieved an e-mail from work today saying from the 26th june they will no longer be paying me so go and claim benifits. where do i start
  • janie68janie68 Posts: 1,186
    edited 30. Nov -1, 00:00
    go to www.direct.gov.uk and look up ESA and DLA. It will tell you how to apply from there

    Janie
  • coco67coco67 Posts: 2,441
    edited 30. Nov -1, 00:00
    Thankyou :D
  • loricalorica Posts: 187
    edited 30. Nov -1, 00:00
    Spoken to my union regarding the contacting work on a weekly basis, I have checked the handbook and nothing is mentioned regarding me having to ring work weekly, it just says the manager will monitor my absence, the union rep guy said i should do what they say and ring weekly and if i cannot ring then my wife has to ring on my behalf, if i dont do my employer could say im not cooperating with them...... :?

    Union rep also said i should not be seeking advice from other people, i mentioned that someone had said it could be seen has harrassment by ringing once aweek and the rep wasnt impressed by the advice.......

    feel realy down now!
  • speedalongspeedalong Posts: 3,347
    edited 30. Nov -1, 00:00
    lorica wrote:
    Spoken to my union regarding the contacting work on a weekly basis, I have checked the handbook and nothing is mentioned regarding me having to ring work weekly, it just says the manager will monitor my absence, the union rep guy said i should do what they say and ring weekly and if i cannot ring then my wife has to ring on my behalf, if i dont do my employer could say im not cooperating with them...... :?

    Union rep also said i should not be seeking advice from other people, i mentioned that someone had said it could be seen has harrassment by ringing once aweek and the rep wasnt impressed by the advice.......

    feel realy down now!

    Hi,
    Not surprised you are feeling really low. You seem to be having lots of hassle. Do you have a sick note and for how long. I was of the understanding that you only had to contact work towards the end of a sick leave period to advice work if it was being extended or you are returning as planned so that work can plan for your return/cover your absence. I don't the sound of your union rep much. In my union I can also contact the helpline/headquarters for advice ... perhaps you could do this with your union?

    Speedalong
    I have had OA since mid twenties. It affects my hips and knees. I had a THR on the left aged 30 and now have a resurface-replacement on the right - done May 2010.
  • loricalorica Posts: 187
    edited 30. Nov -1, 00:00
    To behonest speedalong i felt the rep was more on the side of my employer.....

    The rep mentioned DDA and read the deffinition of a disabled person, he questioned who told me i was disabled, to me hinting that I wasnt disabled, and i was getting advice from any tom, dick or harry and i was taking what the person giving me the advice had said, explaining that the DDA deffinition didnt cover every one. He changed his tone when i said it was my GP that had said i was disabled...... :!: I also mentioned that i was told i was a prime candidate for a TKR, he just sounded skeptical, he did say that it was very rare for someone my age to need a TKR, as if i had again been getting advice from tom, dick and harry and i had put 2+2 together and got a TKR

    Just feel furious and ...........
  • speedalongspeedalong Posts: 3,347
    edited 30. Nov -1, 00:00
    Hi Iroica,

    The union rep is in no position to be deciding who is or isn't disabled!! No one likes admitting they are disabled. Iris suggested considering do you have a disabling condition as a different perspective. I prefer this way of thinking. My arther was definitely disabling - limited mobility, problems standing, lifting, bending, sleeping ... ordinary tasks feeling like momentous tasks.

    Have you been to the Citizen's advice bureau to talk this all through ... I think it might be helpful.

    It is hard enough coping with arther, let alone having to deal with C**P at work!!

    Keep strong, we are here for you.

    Speedalong
    I have had OA since mid twenties. It affects my hips and knees. I had a THR on the left aged 30 and now have a resurface-replacement on the right - done May 2010.
  • dorcasdorcas Posts: 3,538
    edited 30. Nov -1, 00:00
    Hi Lorica (and Cocoa too),

    what a rotten time you are having. I agree with speedy that your union rep is just not up to doing the job of representing you and if he is not willing to read up on DDA and offer you proper advice and challenge your employer on disability discrimanatory practice ....than I would suggest you ask for a different rep....or better still contact the union HQ, ask for their equalities officer and discuss what has been happening at work and how poorly you have been supported. You are paying union fees and deserve better!!!

    Have read through your post I hope this info might be helpful.

    As you have had arthritis for some time it is likely you have 'a qualifying condition' as described under the Disability Discrimination Act.

    Under DDA you are considered to have a disability if 'you have a physical ...or ...mental impairment that has a substantial and long term adverse effect on your ability to carry out normal day to day activities'. It is the impact of the condition not the type of arthritis/ 'label' that is significant.

    This means in practice that you have certain rights under disability and equality law, and your employer has legal duties and obligations towards you. For example you have the right to have your needs fully assessed and for 'reasonable adjustments' to be made that will allow you to continue to work.

    Not all employers are aware of their responsibilities so getting the right information both for you and them is really important!.

    Your boss should contact Occupational Health to request an assessment to see what support and 'reasonable adjustments' can and should be given to keep you in your job...and not make changes prior to assessment unless HR have risk assessed and identified that your health is being compromised by continuing to undertake certain tasks....and even then only after discussing this with you and your representative. It is important that you use the terminology and advise your employer that you believe you have a disability (or disabling condition if you prefer) and therefore come under the Disability Discrimination Act (DDA)

    It might be worth you contacting your local Jobcentre Plus and ask to speak to a Disability Employment Adviser (DEA); they will speak with you to establish that you are 'eligible' under DDA and will complete an application over the phone. This will be sent out to you for checking and signature. The DEA can arrange an assessment of you/ your job via Access to Work who will make recommendations to your employer about support or changes to the workplace to assist you to stay in work. AtW may also fund elements of any support package. The process is fairly quick too!

    The arthritis care website has very useful information on DDA. If you go up to the top of this page and click on 'Publications and Resources' and then follow the link 'Work and Independence' and select the information of most relevance to you.

    The http://www.equalityhumanrights.com website also has a lot of very useful information too about your rights and employers duties.
    Also http://www.rheumatoid.org.uk has very good self help guidance on employment and RA that you can read online or send for . the booklet 'I Want to Work: a self help guide for People with Rheumatoid Arthritis' is excellent ( the guidance applies irrespective of the type of arther).

    The issue about 'having to' phone your employer every week is a real nuisance; you said you have checked the work's policy on managing ill health at work and it did not state any requirement on you to phone so regularly.....so...tell your boss this and suggest an email closer to the time of your line running out would be appropriate and acceptable according to their own policy! I would be more interested in finding out what the policy says about what your employer's responsibilities are!!! ask for a copy and take time to check this out...it is important.

    Stand your ground!!!!difficult though it is when you have so little support. as speedy and others have said we are here for you.

    You do need to take action though....make those calls, check the info leaflets and 'arm' yourself with the knowledge you need.

    If I can help in any way please just let me know.....I am no expert, just speaking from personal experience and gathered information as I've gone along!

    I am going into hospital on Monday for an op so won't be able to pick up posts for a few days but will keep an eye on this thread as soon as I get back.

    lol

    Iris xx
  • silverbreaksilverbreak Posts: 46
    edited 30. Nov -1, 00:00
    lorica wrote:
    ...., i mentioned that someone had said it could be seen as harrassment by ringing once aweek and the rep wasnt impressed by the advice.......

    Hi I'm sorry you are having issues (good HR word)
    Just a quick recap as I'm new to this and not sure I understand all the facts. You started the job at the end of last year but didn't advise them of any disability? When was your condition diagnosed pre or post job start? You mention your doctor? says you are disabled - have they put this in writing - have you asked for a copy of your medical notes? Did your employer not point out the nature of the job prior to your start? What is the result (perfect outcome) that you are looking for from your emplyer?
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