what do you make of this?????

lorica Member Posts: 187
Hi all,

I hope you dont mind but i want to get peoples views on a partucular issue and any comments or legal suggestions.... :!:

1) The issue is with my wifes employer, at the moment she is off sick she has a problem with her neck and top of her spine. It is a condition that will get better, with physio and adaptions at work that occy health have asked for. I do understand DDI doesnt apply, and its not arthritis related but i was interested for any suggestions (my wife is not in a union). My Wife has been off for several months with this condition all covered by "Fitnotes" her boss rang last week to say she had set up a meeting to review the sickness period, and her boss gave her the time and date of the meeting, my wife explained that before she went off work she had booked the weekend off as we are away, and the holiday time had been granted. but my wife has now got a fitnote that will run over the weekend we are away. The meeting has been set for the first day when we are away, her boss never asked if this appointment was suitable and when my wife said we were going to be away her boss refused to change the appointment, and has told her she HAS TO attend. So we have had to cancel the holiday! I thought appointments had to be made for a time when appropriate for all :?: :?:

2) Occy Health have said my wife must have a high backed chair to be able to rest her head occy health cocked up and never reported this last december and without the chair her condition got worse, the chair has now been ordered and occy health and her GP have said she must not return till the chair is ready for her. She can sit in a low backed chair for about an hour/ hour half before her neck starts to hurt her employer now whats her to go back to work with no chair for an hour and half a day, yet it takes her and hour and a half to get to work on public transport... she has now spent all weekend worried sick about it all..... :cry:

Its so annoying as im also off work and having issues with employer and my arthur, and now she's having problems im furious......... :x

Sorry i know its not technically arthur related but its affecting me.....


  • oneday
    oneday Member Posts: 1,434
    edited 30. Nov -1, 00:00
    Um...I can only give some info based on how my employer does things and what i know but i would imagine it is the same most places as there are employment and health and safety laws etc....

    I dont think you should have cancelled your holiday.
    If your dr says you cant work without reasonable adjustments your wife should not go back to work. Employer could be in trouble saying she has to go back.
    Fit note covers period of holiday so it is sick leave not holiday leave.

    Sounds like employer/boss doesnt have a clue and is trying it on!

    Delboy suggestions are good, get out your home insurance booklet as most cover legal problems e. g. like various scenarios you see on these tv adverts but you are already cover via house insurance.

    Make sure you ask boss to confirm every reqeust in writing because if worst comes to worst and job lost...employer could loose tribunal etc due to not making reasonable adjustments and being unreasonable. The holiday they knew about so they are being [email protected]@dy minded arranging appointment then.

    Pity you not in union cos they help in these situations.
    BTW if wife not in union are you? as unions cover familes in certain situations? explore all avenues.
  • speedalong
    speedalong Member Posts: 3,300
    edited 30. Nov -1, 00:00

    this all sounds highly stressful for both of you.

    I agree with Del and Oneday - you shouldn't have to cancel your holiday, your wife shouldn't have to return to work until the chair is provided and you need advice - CAB or through your insurance. Union membership is expensive, but in this day and age I would advise everyone working to be in one. Some people with "disabling conditions" also have help with transport to work ... so this may be worth finding out about too.

    All the stress will not be helping your wife's neck either.

    Good luck with it all,

  • dorcas
    dorcas Member Posts: 3,515
    edited 30. Nov -1, 00:00
    Hi mark,

    your boss is completely in the wrong n both counts.

    your wife is covered by the 'fit note' and therefore is under no obligation to attend the 'review' meeting as she is technically not able to attend work until the doc says so....so is within her rights to say no to attending as it is unsuitable.
    In some cases people will attend meetings during the 'sick period' when they have been given a date for starting back work....but these meetings are usually arranged by OH and are designed to assist the sick employee back to work...(to discuss any additional needs etc..) but it has to be a date & time & venue suitable to all and not just the employer.

    if the employer's been told by occy health that your wife needs a high back chair then they are in breach of H&S if they ask her to return without the necessary aids/ adaptations being in place.

    you should not cancel your holiday!
    Has your wife been 'signed off' by the doc as fit to go back to work? did he make recommendations about any other supports?

    contact CAB asap and ask for employment legal advice....CAB have access to solicitors and can give you good advice on what to do next.

    if your wife can....joining a union is a good idea as they have easy access to legal advice .

    iris x [/i]