My employers are trying to hold an investegatory meeting about me while i'm on the sick?

Question

I'm currently off work on long term sick, and have just been signed off again for 2 weeks for stress and a recent bereavement. My current employers have had to postpone an investgatory meeting (involving HR and my Manager) regarding my work but now they are saying that they are going ahead with the meeting even though I'm still off sick. They have asked me to attend the meeting even though I have told them I'm not fit to. They have now asked me to provide either written documentation to answers they are asking for or for me to be included in a telephone conference on the day. What can I do about this as its really stressing me out? Also I really want to make a complaint regarding my Manager should i pursue this ahead now I know of this?

Answer 1

Is this part of the script from Zoolander?

Answer 2

Being signed off sick by a Dr means you are NOT fit for work, end of. Your employer can investigate this until the cows come home, it won't make any difference. A sick note from a Dr is a LEGAL Government document and will be kept on file BY LAW.
Your employer can request your company at the meeting, however you are within your rights to refuse. If your employer seeks written documentation to answers they want, then let THEM find it. As for the telephone conference, it is ILLEGAL for them to call you at home when you are off sick.
Go back to your GP and tell them what is happening, get them to document it all. Then contact HR and make the complaint regarding your manager.
If you are a union member contact you rep. If you are not go to the CAB.
Try not to let this stress you out too much. You are legally in your rights to be home as you have been certified unfit to work by a Dr. There is NOTHING your employer can do about it.

Answer 3

An employer’s decision to proceed with a disciplinary hearing, investigatory or otherwise in an employee’s absence, is heavily criticised by the Employment Appeals Tribunal (William Hicks & Partners v Nadal EAT/0164/05).

It is also a breach of Article 6(1) of the Human Right Act (right to a fair and impartial hearing).

If your employer thinks that you are 'trying it on' then they are obliged to either refer you to their occupational health advisor or seek an independent medical report. If your employer proceeds in any other way it is automatic unfair dismissal.

You should make a complaint but not about your manager (keep your powder dry on that one). The complaint should be about the lack of a fair and impartial hearing, the suggestion that your medical illness is anything other than genuine and that you are being bullied into proceeding with investigatory meetings which is, or may be, prejudicial to your health. That way, should your employment become less than tenable, you leave the door open for a claim of constructive dismissal.

Answer 4

They can request the meeting be over the phone, but you have the right to deny it, and request a face to face meeting. You also have the right to have someone present with you at an investigatory meeting. It must be someone in the same union as you, and cannot be a lawyer or relative.
I suggest taking someone with you if you feel they are going to try and intimidate or coerce you in any way.

As for the complaint - if it's legitimate - make it immediately. However, make sure that you aren't making a complaint in retaliation of the investigation. That will not help your case and will most likely lead to your termination.

Answer 5

You don't say how long you've been employed by "your current employer" but if it's less than 2 years I think you will be parting company fairly soon sick note or not.

If I were you I'd do the decent thing and hand in my notice, stress is not nice, but bereavement is no reason to be off work ( i recently lost my brother and mum so I don't say that harshly).

Answer 6

Inform your local government agency about your manager and read up on your workers rights. Tell them your situation, and they will be able to tell you if refusing to be in the meeting is within your rights or if there is anything you can do. Explain to them your situation and your complaints and maybe they can help you. Or try going to your boss or something bigger than your manager. I dont like my manager either or the way he does anything but your boss will be able to give you more insight and he or she will keep your complain in mind next time that person does something negatively. I hope you get better and i totally agree that you should be exempt from the meeting and it should be postponed until you can actually work,. Good luck.

Answer 7

go for it and don't back down, as far as I'm aware your company are only allowed to contact you in writing whilst you are on the sick, and they cannot hold any pending meetings without you being there or represented by a union official. beware though, your company do have the right to request you attend a doctor that they have appointed, to get another point of view
good luck

Answer 8

People today think it's "unfashionable" to be a member of a union. If you were a member of a recognised Trade Union you would have nothing to fear.
I would do a google for the C.A.B or D.T.I websites.
Good luck (if you are not "swinging the lead")

Answer 9

Stop sitting at home feeling sorry for yourself and get back to work.
If you do not work, why should you be subsidised by those who do? Look in the mirror and see the worst kind of twenty first century parasite.

Answer 10

this is why everyone should have pre-paid legal. It's cheap and lawyers will handle these types of issues for you, at no or little cost.