Long Term sick harrassment

[DebiP10]

Hi, I am hoping for a little advice if any. I have currently been signed off sick by my GP since October 2013. To cut a long story short i was off 2 years previously with neck and back pain, i work in a call centre and after numerous visits to physio and an MRI i was diagnosed with cervical spondylosis and from C3 -C7 my discs were totally worn.

After 5 months absence i returned to work but cut my hours down from 37.5 to 25 per week. Since returning ive constantly complained of being made to sit for long periods of time ( OH and the works private GP) had both put in reports that i must have time away from desk as sitting aggravates the nerves, anyway ive persevered with the pain for 2 years until it got so bad i couldnt move or get up for work. So to date, ive seen a muscular skeletal specialist in december who was quite concerned that the pain was now in multiple joints and sent me for blood tests for rheumatoid arthritis but due to her being involved in a car accident i had 2 appointments cancelled last month and i am finally seeing her this week for the result and what the next steps are for treatment for me.

 

My point is which i need help with, i am constantly getting phone calls from work, sometimes 5 times a week asking if im better, when will i be back etc. These are questions i do not have answers to. I have attended monthly welfare meetings and have had a 1st formal notification in january 2014. They have again contacted me (4 times in 2 days) saying they want me in for weekly welfare meetings.

Now due to constant pain even with medication and public transport taking 1 1/2 hours to get there i am finding it is making my condition worse and told them this and that i was unable to go in weekly but was happy for them to visit my home to conduct these. Basically i was told on this occasion they would but after that i have to make my own way there and back ( we are also moving to new premises further away which will result in it taking me 2 1/2 hours to get there)

 

. What i would like to know is

1) Is it right to make me attend a weekly welfare meeting and

2) is repeated unnecessary calls legal.

 

I am really starting to feel stressed everytime the phone rings and more so afterwards as the conversation and demands play around in my mind. I have spoke with ACAS who said i can request home visits in which i have done and also complain about the call volume. I spoke with HR today who basically said try sort it with your manager, then ops manager ( both of whom are ringing me constantly) next step write a letter to the service manager of the department which i will be doing today but i really feel like im wasting my time as ive worked for this company almost 7 years and seen the same thing happen to collegues who have eventually left the job or been dismissed

 

. Sorry this post is long, i have tried to list as much as i could to give a clear picture.

Edited February 4, 2014 by DebiP10

[honeybee13]

Hello and welcome to CAG. The forum guys should be along later with advice for you.

 

I'll put some paragraphs into your post to make it easier to read. Please try to break up what you post if you can, it gets you more help

 

My best, HB

[DebiP10]

Thank you Honeybee It does look a lot better in paragraphs now. x

[Emmzzi]

Hi,

 

it sounds like you may not be well enough to resume work, especially at the new offices.

 

What outcome are you looking for?

[DebiP10]

Hi Emmzzi, I just want to know what rights ive got over the constant phone calls and requests to go to weekly welfare meetings.

[ericsbrother]

Tell them that you are unable to travel to make the weekly appointments but they are more than welcome to visit you as per your previous suggestion. Also say that the continuous calls are starting to make you depressed and that you will have to seek further medical advice in this regard.

They undoubtedly are not intending to harass you but want to know exactly when you are going to return when there is no answer. They have targets and plans to meet laid down from above so are concerned but going about it in the wrong way. try speaking to your doctor and see if they will write to you about your prognosis and get them to add a bit about external influences on your recovery/mental state and send a copy to your employer.

[Emmzzi]

what ericsbrother said v good approach!

[DebiP10]

Thanks ericsbrother, will speak with my Dr. I have told my manager the effects the calls are having on me and there is no way that i can travel into work for welfare meetings although them now demanding it to be weekly is extreme.

In an ideal world i agree with what you said about targets and not intentionally wanting to harass me but ive seen it happen before and overheard ops manager saying to managers keep "calling them as it pushes them back to work"

I have spoke with the company HR department on Tuesday, that have advised me if my line manager and ops manager havent been helpful with this then i need to write to the head of the department to see if this will help. If this fails then they have advised me to put in a grievance.My manager then phoned me for the 7th time this week and i advised her that ive spoken with HR, she said on this occasion we will come out and do a home visit so this is booked in now for Monday afternoon and will see what happens.

[rebel11]

Hi deb

 

Here's some information:- https://www.gov.uk/workplace-bullying-and-harassment

 

It's actually called 'Sick Harrassment'.

[DebiP10]

Hi rebel, thank you for that. Today i seen the muscular skeletal specialist for my blood results and its tested positive for RA with high levels of inflammation and also a low level of vitamin d which was 34 so ive now been referred to a rheumatologist at the local hospital. I look forward to informing my manager and ops manager when they come for a home visit on Monday and see what ridiculous questions they have for me

[rebel11]

Hi Debip10

 

Did the muscular skeletal specialist give you a report with your blood tests? If so you can give your manager and ops manager the report, but get a photocopy, and get them to sign your copy so that you can demonstrate that they have seen it and you have given them a copy. You can also send HR a copy of the report, send it Recorded. By doing this you can demonstrate that it's serious and you are being pro-active keeping the company informed, thus cutting down on the number of visits. Do this with all Doc letters, appointments, reports etc. If they persist with the visits regardless of what the procedures are you will deem it as 'harassment' and will take all appropriate action to stop it. Plus it's making you worse.

 

Hi rebel, thank you for that. Today i seen the muscular skeletal specialist for my blood results and its tested positive for RA with high levels of inflammation and also a low level of vitamin d which was 34 so ive now been referred to a rheumatologist at the local hospital. I look forward to informing my manager and ops manager when they come for a home visit on Monday and see what ridiculous questions they have for me

[DebiP10]

Hi rebel, no she didnt give me a copy,as this is all new to me i wasnt aware i could ask for this but she was sending all updates to my GP whom im seeing on friday. Would i be able to ask him for a printed copy? Thank you so much for your reply, its good to know im not alone and getting help and advice here

[rebel11]

Hi DebiP10

 

Yes, tell the doctor that you forgot to ask the muscular skeletal specialist for a copy and that you need to send a copy to HR (as well as give a copy to your manager and Op's manager). You could also list meds your taking as well as the side effects, again have that so they can see it. It's a quite a bit of work when your unwell, but it will help you manage them (the company).

 

Hi rebel, no she didnt give me a copy,as this is all new to me i wasnt aware i could ask for this but she was sending all updates to my GP whom im seeing on friday. Would i be able to ask him for a printed copy? Thank you so much for your reply, its good to know im not alone and getting help and advice here

[DebiP10]

Hi rebel, ive already gave them a list of meds im currently on and the side effects. the occ health and company Dr have also been notified of these too but every time i have to attend a welfare visit im always having to repeat this ( it seems as if they dont even read my file notes). I was phoned on Saturday afternoon (again) by my line manager who has said they will now be coming at 10am for my welfare meeting and not PM ( 8 phone calls in 1 week now) i also updated her about my results and referral to the hospital to see a rheumatologist. my husband is now going to come home from work to be here when they come as he has had enough of this.

[smokejumper]

If it's too much for you,tell them to make it PM.

[DebiP10]

Hi, i thought it polite to update you on recent events. My manager and another t/m called on the 10th for a welfare visit, my husband also took time off work to support me. He was a great support and made it clear that her calls were causing stress and harrasment. Well, i thought everything would be ok but that week she called me a further 3 times just to tell me she hasnt got a new contact number yet to give me and ask how i was the today she has called again due to me going to the hospital on thursday 27th she is calling me on saturday to see how it went ( its an nhs hospital not a miracle healing centre) and also suggested i travelled 3 hours on public transport into work next week for another "catch up"!. I immediately told her there was no way i was putting myself through needless pain travelling 3 hours each way. She then said well how about meeting at a convenient place? This sounds to me like she isnt wanting to visit my home to conduct another welfare meeting which is less than 3 weeks since the last one. Is this right?

[happyhelper]

Deb.

 

Just read your post and threads for first time. You have my utmost sympathy. I have been in your position and empathise. Thankfully, I was fortunate to have a positive outcome.

 

As per usual CAGGERS are being helpful, but I would like to add the following as I sense there is more to this matter than would appear to be the case. Before commenting, I wish to point out that I am not medically qualified per se.

 

1. Rebel's guidance has been particularly helpful.

2. Sick harassment is a poignant observation.

3. If you have not done so already, may I recommend that you keep a paper trail and chronology of events relating to this matter, just in case it gets out of hand. If it did you need "evidence". Your employer will most likely have such a paper trial. In that regard, you may wish to request a copy of your personnel file from the apparently helpful folk at HR. Employers are allowed to charge you £10 for such a "service", and generally need said request in writing. You may have to wait up to 40 days for a reply, but a "fair" employer usually gets personnel file copy back to an employee far far sooner.

4. Based on your posts, it is possible that you may well be afforded potentially substantial protection in the workplace under an act called the Equality Act 2010. This may mean that you could be categorised as being "disabled" in the workplace. I do not wish to upset you by making this remark, it's just an observation based on your posts. In this regard I would recommend that you speak to following legitimate free to use and confidential service :

 

http://www.equalityhumanrights.com/about-us/contactus/

 

In my experience they are very helpful and can hopefully give you further guidance re many of your current and legitimate issues. They can also put sick harassment etc into perspective. Also may be best to mention any work related stress, anxiety or depression you may be experiencing. If you are protected under the Equality Act and your employer is made aware of this fact (including date in the past when you may have been first so categorised) then you may well be in a position to be able to take better control of the current traumatic situation.

5. Also suggest you speak to ACAS helpline on 08457 47 47 47 for free and confidential advice re workplace disputes, but if you call them then you can make your own mind up. I think ACAS are for the main part very good.

6. As things stand your employer may in my humble opinion for the main part be acting in a lawful manner. However, they do appear to be being overly pushy. If you are categorised as being protected under the Equality Act, and have been so for some time, then your employer may have more onerous duties to fulfill, including the need to engage in meaningful discussions re "reasonable adjustments" in the workplace. EHRC can clarify, but one pre-existing example of a reasonable adjustment are your fair and reasonable requests for a home visit.

7. If you do not have one, you should also ask for a copy of an employee handbook and in particular read sections (if any) on sickness absence , contractual paid sick leave and ideally , and if applicable, disability related absence.

8. Worst case scenario - your employer may be seeking to lawfully dismiss you on the grounds of capability. Again, I'd refer you to ACAS who can explain what this means in a transparent, free and confidential manner.

 

Hope that helps. We are here to provide support, but in my humble opinion and based on my own experience use the above free organisations as your first point of call, and then if you need clarification then hopefully CAGGERS could offer an opinion.

 

Hang in there, and so nice that your partner is there to support you.

 

X HH

Edited February 24, 2014 by stu007
Removing For some reason many CAGGERS criticise ACAS

[Conniff]

I wish to point out that I am not medically qualified per se.

 

That's not what you intimated in another thread:

 

If you must know, yes I more than well qualified to make that assumption.

[smokejumper]

Exactly my thoughts when I read the post.

 

I guess he meant qualified in respect to having suffered the same symptoms , rather than as a practising medical professional

 

 

That's not what you intimated in another thread:

[rebel11]

Hi Deb

 

Hope your feeling o.k. I don't know if you want to do this, but you could get a 'Truecall' it will allow you to block calls from the company. It would mean that they will have to write to you. You can respond by sending Recorded letters.You will have your paper trail. You will be able to recover in peace and without the telephone harrassment.

 

Hi, i thought it polite to update you on recent events. My manager and another t/m called on the 10th for a welfare visit, my husband also took time off work to support me. He was a great support and made it clear that her calls were causing stress and harrasment. Well, i thought everything would be ok but that week she called me a further 3 times just to tell me she hasnt got a new contact number yet to give me and ask how i was the today she has called again due to me going to the hospital on thursday 27th she is calling me on saturday to see how it went ( its an nhs hospital not a miracle healing centre) and also suggested i travelled 3 hours on public transport into work next week for another "catch up"!. I immediately told her there was no way i was putting myself through needless pain travelling 3 hours each way. She then said well how about meeting at a convenient place? This sounds to me like she isnt wanting to visit my home to conduct another welfare meeting which is less than 3 weeks since the last one. Is this right?

[Emmzzi]

Can you ask for an occ health referal and get them to document a regular less frequent regime of keeping in touch would be helpful?

[DebiP10]

Hi, its been a while since i last posted so i must update you. My husband complained to the ops manager at the new site and thankfully ive been left alone and all contact has been through my husband so far. i also received my diagnosis from the hospital last week so along with the cervical spondolosis, sciatica i have fibromyalgia.

Still in constant pain and a slight increase made on my evening meds along with vitamin d supplement daily. Today i have a home visit from my old ops manager and one of the new companies managers for an options visit which im told is just like my old companies welfare visit so basically to see how i am and if any changes can be made to assist me back to my job( i work in a call centre if i havent mentioned it earlier,they have talked about getting a back support for chair which i have already tried before i went off sick) anyway due to constant pain i feel like what they have offered me wouldnt support me going back there as i couldnt sit or stand for any amount of time let alone concentrate on customer calls with the amount of pain i have along with the side effect of the drugs im taking so it seems like after 5 months we are going around in circles. ive already had my 1st written warning in january so expect my final to follow after this meeting.

 

 

 

Update, meeting went as expected, asked for another meeting in 2 weeks to see if im any better and would i be returning at end of fit note in april. she said due to length of time on sick leave i would probably be finished from my job which i expected to hear, also said i could resign if i wanted so it looks like i will just have to wait to be sacked now as im in no position to return.

Edited March 31, 2014 by DebiP10