boss contacting me when Im on sick leave

[tinytot]

Hi

 

Ive been given a month off on sick leave due to work place stress caused by my boss. The sick note started Thursday last week; now I've had an email from my line manager asking me to call the office and explain to a colleague how to do my job. Is this allowed?

[elpulpo]

No.

[Cinammon]

We get this all the time in our work place. My friend has a sickness bug and rang in sick this morning then a few hours later had an answer phone message saying he'd have to work tomorrow to make up for it. He actually agreed! I was flabbergasted. He is a total push over! They definitely aren't allowed to contact you!

[Giggins]

These guys are right - your boss/employer should not be making contact with you whilst you are signed off from work as "un-fit" due to work-related stress. I would be inclined to record any further requests by your boss on your mobile phone, in the event you need to establish he called you at some later point of time, viz: Tribunal.

[MrBlack]

They are allowed to contact you, it would be silly if they weren't. Sometimes a line manager needs to clarify something specifically relating to the sick note or possibly chase up a sick note if they have not received one for whatever reason.

 

If that conversation moves on to work and the need for you to return to do this or that, then you simply need the strength to say no. You are under no obligation to them if you have been signed off sick by your doctor. Your health comes first. If your manager needs assistance and *claims* you are the only one that can show employee X how to perform task Y, then more fool them for only educating one employee how to perform said task. There's an old saying in management - if an employee becomes indispensable, get rid of them. That saying shows it's worth in the situation you have described here.

 

But getting back to the point - you can say no. If they kick up a fuss, let them. You are not to blame for being off sick and any problems there are at work are for those people at work to sort out, not you.

[Cinammon]

Says in our management handbook we could be reported for harassment if contacting an employee who is off sick. Could just be our policy though rather than the law.

[Atlas01]

two things here

 

1. Your employer certainly can contact you, I'll use the term employer not boss (unless your in a VERY small company). You should raise a formal complaint that your boss should be excluded from the process due to your sickness reason.

 

How can your employer rectify your work related stress or help you if you refuse to be contacted, your refusing to undertake the basic grounds the employer needs to show they have done to defend a claim.

 

What does your sicknote state? if it's just stress then they will not do a thing, it needs to clearly tell them it's work related then they will have to act.

 

What they are asking is reasonable, the person asking is not (as long as they are aware of this)

 

2. A tip for those stating no they can't

 

I'm in the middle of a case where a "work colleague" in a position of authority advised one of my members they could not touch her friend (the person i'm representing) while she was off sick, in addition not only did they want to contact her but also invite her to a dismissal hearing.

 

This happened before i was involved and not only has the person i'm covering now been assessed by an ohu doctor as to their ability to attend the disciplinary (yes) but the other person advising was named in the case and is now under investigation themselves for their advice and breach of the employers code of conduct, thankfully that person isn't my problem.

[Cinammon]

We just aren't allowed to call them to ask when they will be back to work if they have rung in sick that day. I guess if they were off for ages it would be different but we have had instances in our company where you ring in sick and get lots of phone calls wanting you to make up the time else where etc.

[papasmurf1cx]

Have you a 'long term illness' ?? Stress is a funny thing if you have a disability and your employer is responsible for making you disabled then contacting you could be unlawful in this manner. The employer does have a right to know when you are well and when you are returning to work, after all they are paying you. if you are in the long term disability category you could ask the employer for a reasonable adjustment to their policy by writing to you rather than telephoning you as telephoning causes anxiety.

[tinytot]

I've been sick noted for a month, with the reason being stress and anxiety, work related. When I contacted HR the day I was signed off, I explained that it was due to my boss' behaviour e.g. bullying.

 

After reading elpulpo's response, I contacted ACAS, who advised the same thing but suggested that I contact HR to cover myself, if only to make them aware I was being contacted. When I spoke with HR, they told me that me being away right now wasnt convenient as theyre really busy and don't have the resources to devote to me at present. They then asked me to come in and complete a handover onsite. I advised that I didn't feel able to do this. They then advised me HR would contact me tomorrow to see how I was; I confirmed I was happy for HR to contact me, but not my manager. The phone call didn't happen, and I've not heard from them since.

 

The stress and anxiety relates to ongoing bullying by my boss, and I've been on anti depressants for approximately five months. HR have been aware of this and the reason for it since November. I was told by HR to raise a Personal Grievance against my boss, but my boss (aware others were already raising PGs against him), took me aside and told me that if anyone makes a complaint against him, not only will he 'win', but those persons will go. I did tell HR about his threat, but I wasn't offered any additional support - just told if I do have an issue, to make a complaint.

[moll 61]

Tinytot If you have a bona fide grievance then Complain. I have had this for going on 5 months now, colleagues were the same at my work place too frightened to complain. I have had some support and advice from caggers on here. however you must grab the bull by the horns and do it. I have put in a grievance that wasnt answered, and still has not been over 3 months ago, so I put in another grievance about the unresolved grievance. I have filled in an ET1 form for tribunal as I have llenty of documentary evidence, have also had advice from ACAS and the Commision for equal and human rights. As I was advised on here, it is a very rough ride and mentally exhausting, but I have now got a light at the end of the tunnel. Bullies will never learn a lesson unless some one teaches it. Good Luck and hope you get a satisfactory outcome,

[Ell-enn]

Moll this thread is 18 months old