Hi everyone

I'll try and keep this brief.  I have been off work sick for around 6 months and am likely to be off for at least another 3.  I worked full-time for my employers for over twelve years but they have paid me nothing but SSP since I have been off - which was a complete shock (the contract says sick pay is paid at the discretion of the partners and I assumed after twelve years service I would be entitled to something).  My boss, who I have always had a good relationship with (I thought), has not even rung me - all official contact has been with an HR person who was only employed at the beginning of the year (it is a totally new department, all personal contact for everyone was previously direct with a partner).  I do, of course, have contact with friends in the firm so do managle to find out a lot of what is going on!!

I have now been asked to consent to a medical report from my doctor.  The request for this was phrased very formally but I am told its to find out what help I will need when I return in terms of hours, avoiding rush hour, changes to 'work station' etc.   Whilst I don't particularly object to this - my injuries cannot exactly be disputed - I have asked my boss (by email) why they need the report as they could just ask me what would help me (I have pretty much told them this anyway) my GP only has the consultants reports and my suggestions anyway. 

I wonder if there is anyone who could just explain why firms would feel the need to ask for a report.  Am I seeing this as sinister because I totally distrust everyone there now?  I really feel like they are trying to get rid of me, can they do this?  I will not be able to return full time for some time I don't think.  Sorry this is longer than intended but if anyone has any ideas I would be grateful.  Incidentally I have not had a reply to my request for the reasons for the report other than that they will reply 'shortly'.

Thanks for any help.

Alex

I imagine legally everything has to be 'official' rather than 'word of mouth' so that neither side can claim a misunderstanding. Hope you get better soon.
:)

I think that companies have to go totally by the book these days to show that they are doing everything they can to help an employee back to work.  The amount of people who are taking companies to court these days over things means that companies have to protect themselves.  You may have told them what you need in order to return/improve your working conditions but your company will have to consult experts to ensure that the information is correct.

I don't think they're looking at it in a way to get rid of you etc etc more of a way to protect themselves these days.

Hope your feeling better!!  :D

I can't help in terms of the law, but I was off for around 8 months after major knee surgery. I also had to consent to a medical report and consultation by an independant doctor. I signed forms giving them permission to seek information from my GP and the hospital consultant.

Once theses were obtained, I had a meeting with the independant doctor, who went through my treatment, asked questions about my recovery, and then he recommended to my employers ways of helping me when I returned to work.

For example, I started off part time, I was given a temporary disabled parking permit to allow parking near my department, my duties were rearranged to reduce the need for excessive walking, and I was given a cordless phone so that I wasn't rushing over to answer the phone. He also arranged a short period of flexi-time to avoid rush hour traffic when I went back full-time as this could have caused pain in my knee through excessive clutch control.

So, don't be too worried about it. I believe that employers have a duty of care to their employees and they should be looking after your welfare :) I have to say that I was also suspicious at the start!

Thank you for the replies.  It seems I may be a bit too suspicious of the motives here and I think it is probably because I haven't actually spoken to anyone 'in power' since I've been off.  My boss is apparently too embarassed to ring me because they are not paying me so everything is done by email which not really helping.  I think perhaps I should start making the first move as it really is in my interests to go back in some capacity when I can.
Best wishes
Alex

I used to work in a health and safety office (which was also part of HR Dept) so I was used to deal with instances like this a lot of the time - the first part about your boss not ringing you, he/she may not be allowed to.  My boss brought an article into work once saying how companies are all changing their policy regarding calling staff at home when off sick as it is considered harrassment and took the article to HR for it to be distributed to all managers.  She then stopped calling me herself if I was sick even though we had a "friend-type relationship".  So your boss may just be playing it by the book, or may have been told that he/she cannot contact you and that all contact must go through HR.

Regarding the medical report, as mentioned above, it could be that they are 'going by the book' again because it is so easy to get sued nowadays.  You could make a health and safety claim if you had an accident and your employers did nothing to help you back to work and provide equipment, so they need to have evidence on file that they have tried to assist your return to work as far as is reasonably practicable (a classic health and safety law phrase).  But also they may be applying for funding.  There are lots of organisations, such as AbilityNet who will, courtesy of government funding, pay half of the cost of any equipment you may need to return to work and in order to get that funding, they have to complete numerous forms, provide medical reports from your doctor etc.  We had a member of staff claiming equipment via AbilityNet and the paperwork went on for about a year.

From a health and safety/human resources point of view, your employers are actually being brilliant.  So many companies don't respect employees regarding contact at home and making sure your needs are catered for on your return to work, and it sounds like your firm are doing everything they should/can, and need a pat on the back - however they aren't keeping you very well informed, which would quite understandably leave you suspicious, so their communication system needs a lot of working on in the future!  I think you making the first move would be a good idea, if your boss is embarrased an email from you would break the ice and get him talking - and you need to find stuff out and if he/she isn't going to do it, then you have no choice really!

I'm assuming in all of this that you didn't have an accident at work, right??!!

Oh, and as an alternative to acquiring funding from organisations regarding returning to work equipment, it may be for financial law reasons - you may not need anything major, but simple stuff, workstation equipment like a different keyboard, a better desk with better access, a foot rest things like that you may need depending on your injury that they might have to buy for you - and they would need to justify that to the company accountants/finance dept. if you have one, with back-up information like medical reports so they aren't seen as spending money willy-nilly on fancy new equipment for the office.

But more than likely, it is just in case the company should ever get investigated for health and safety reasons, they have to be seen to be making sure they have investigated your needs on returning to work so they can keep the info on record.

Sorry I'm getting far too into this, I left the health and safety industry 7 months ago and I miss it!!

There are various reason for them doing it this way generally to keep things fair and above board.

I would be concerned at the discretionary sickness payments especially if you knew they had paid others. Maybe they have never paid anyone else before.  Each case unfortuntely stands on it's own merit. If the company can afford to pay you the sickness then it could be argued after 12 years they should but if they can't and it is not stipulated in your contract then you are snooker.

I would possible if you feel they are doing wrong by you talk to an employment lawyer, they will give you the first appointment free.  One thing to point out though is if you take things further you may find that you won't fit back into your job.

No harm in seeking advice. Take your contract with you.

Sorry, I have only just read your replies jessthepest and blue and these are really very interesting. 

Jess, the injury didn't happen at work - I fell off a horse after only fairly recently getting back into riding after quite a break (no pun)!!  It is interesting that you think my employers are actually being very fair and I think maybe I have to start thinking differently about this.  I actually received an email from my boss on Friday saying there would be no problem with me returning to work part-time and travelling out of the rush hour and that he will ring me this afternoon (Monday) to discuss this.  This is a major breakthrough, I have actually emailed him a few times suggesting he rings (he has replied by email) as I think things like this are easier to discuss 'face to face' as it were.  I'll let you know what happens.

I think I have been upset as this is a small (but very wealthy firm who could easily have paid me something) which only set up an HR department a couple of months before my accident.  Most people have worked there for years and all contact has always been direct with the partners.  The day I came out of hospital practically unable to move, I received a very formal and unpleasant letter from the HR woman who I had only met a couple of times.  I just found this very upsetting after the length of time I have worked there but obviously they are perhaps doing everything by the book now. 

As far as I am aware everyone who was on extended sick leave before the HR department was set up was paid full pay throughout their sickness.  Everyone after (myself and one other who had worked there 15 years and has now left) has not been.  I may well just ask a lawyer's opinion on this if the first consultation is free.  I have no previous experience of this not ever having had a certificate at all before.

The irony in this is that, if I had been paid even for a few months I could probably have had private care immediately and would be back to work by now.

I really appreciate your input which has been really helpful. 

Jess, do you live in Bexley because, if so, I'm not far away.  I'm near Oxleas woods off Shooters Hill and used to live in Joydens Wood where my parents are still - small world!