Off sick, what is the employer's position.

[DougStevens]

My wife is off sick, and is in the process of being given her prognosis for her cancer (Specialist biopsy going to London specialist Hospital.) It's not looking good, and we're both worried about it being the worst case scenario.

 

 

She has problems with incontinence and is signed off sick with doctor's notes, etc.

 

 

Her work (DWP) are constantly on the phone, trying to talk her into coming back to work and saying things like "Well, we can work around you having to go to the toilet every five minutes."

 

 

What is the legal position of all this? Things like how often are they allowed to contact when you have a medical certificate, etc/

 

 

Thanks in advance.

[obiter dictum]

Simple answer

 

Get her boss to do a referral to occupational health

 

It would be different if she had cancer confirmed as she will then have protected characteristics under the Equality act.

 

When is the appointment with the oncologist?

 

Sorry but i have to ask to give the proper advice

[DougStevens]

She's actually been diagnosed with bladder cancer, but there's some question whether it's "straight forward" cancer or lymphoma (sp.)

The oncologist thinks it's lymphoma, but in his own words, can't understand why it's in the bladder without any other signs of secondaries, hence why the biopsies have been sent to the specialist centre.

She had a CT (I'm assuming they're looking for secondaries.) on Tuesday.

 

 

D.

[obiter dictum]

Ok

 

If these sorry excuse of human beings from the DWP call again you just say you are to ill to attend confirmed by the GP fit note. You then tell this individual on the phone to do a referral to Occupational health for a second opinion on your work capability. Tell the [edited] he is not qualified to give medical opinions as to your work capability.

 

On tuesday when you see the oncologist you get him to give you a sick note for xyz time. Occupational health may well be able to overrule a GP fit note, but they cannot from a surgeon or specialist.

 

If he confirms it is cancer (Hope not) then you will have full protection under the Equality Act and protected characteristics for life. Even if he needs to do more future tests, get him to give you that sick note as your employer is putting undue strain on you at this difficult time

Edited September 23, 2015 by honeybee13
Pejorative term removed.

[DougStevens]

Thanks for the advice, I'll talk to her about it tonight.

[Emmzzi]

Hello Doug, how is it going?

 

you may find one of the charities like MacMillan can offer good, specialist, practical support. Worth a try.

[SabreSheep]

ALso as it has not been mentioned, if she is a union member, talk to her representative and keep them updated so they also can support if needed