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Contract issue after abscence

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  • Contract issue after abscence

    Breach of contract, return to work
    Have a contractually binding new start for an internal role commencing this Monday (same employer, no loss of service). All signed and confirmed 7 weeks ago in writing.

    Have been off due to disabilities (covered under EqA 2010) in the previous role for around 5 weeks, which officially ended Thursday just gone, when the fit note ended as well.

    Management (new manager only) has said to me "Is it ok if..." / "Can I ask that..." / "would be ok to postpone" the new role start date for a week or two until I complete a return to work and have support implemented, if need be through my old role, nothing about if I need support in the new role. Hasn't come from HR or anything at all. Only this manager for new role.


    What are my options?

    Doesn't seem like if I say no it would be refusing a reasonable request.


    I was informed of this on Thursday, we don't work Friday - Sunday. So I've been left the weekend with no direction.



    Management's lack of communication during this period doesn't seem to be my issue.

    Sickness policy basically states "immediately upon return"/"earliest opportunity" for a return to work after absence, and doesn't define an actual person, or cover anything that it needs to be in previous role/department. Contract as well doesn't cover anything on this either.

    Scotland.

    Edit: I have been subject to a disciplinary for another matter, however it is without merit. I have witness statements which support me from colleagues.

    I can see them wanting me to stay in previous role so they can deal with this. I don't know this but I suspect it.
    Last edited by NewArk; 4th July 2026, 16:43:PM. Reason: Added additional information.
    Tags: None

  • #2
    I do feel like just calling in sick Monday and getting another fit note.

    Comment


    • #3
      On what basis would you call in sick when your fit note expired last week unless your condition for which you have been off for the last 5 weeks has not improved.

      I would suggest you go in on Monday as ask for a meeting with your new manager to discuss your new role.

      In terms of being subject to a disciplinary what stage is this at and what does it relate to?



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      Comment


      • #4
        Originally posted by ULA View Post
        On what basis would you call in sick when your fit note expired last week unless your condition for which you have been off for the last 5 weeks has not improved.

        I would suggest you go in on Monday as ask for a meeting with your new manager to discuss your new role.

        In terms of being subject to a disciplinary what stage is this at and what does it relate to?
        New manager is off on annual leave, same with previous line manager.

        Disciplinary I could provide a summary in PM and you could put generalised information back here, I can say here 2 witnesses who support me, 2 who don't but have significant contradictions in there own statements. Investigator who has admitted they "don't know what they are doing" in an email with union rep. .
        Last edited by NewArk; 6th July 2026, 01:19:AM.

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