Harassed by Managers whilst of work sick (NPower)

[pinkfloydianuk]

Hi all,

My girlfriend has worked at NPower for approx 3 and a half years as a Customer Services Rep (call center worker).

Mainly, due to work related stress, she went on the sick in early February. I dont want to go in to too much detail as i dont want to chance disclosing her ID, but she has valid and genuine reasons for being off work.

Since she went on the sick she has recieved phone calls at least once a week from her Immediate Manager and other Managers. Supposedly to ask how she is. The conversation has ALWAYS ended with them questioning when she will return to work.

She has already been asked to go in to work once for a so called 'Welfare Meeting', but she is now being pestered to go in once again (she only had the welfare meeting 3 weeks ago), this time they are saying that when she was last there they forgot to get her to fill in some paperwork.

Her Operations Manager has made it perfectly clear in telephone conversation today, that he is trying to force her back to work, stipulating that he is aiming to set a date for her to return asap.

When she went for this Welfare Meeting 3 weeks ago, her immediate manager tried to force her to go on to the shop floor and 'socialise' with her colleagues, she is now being told that they intend to do the same IF she goes in to fill in this paperwork. ( I say IF because ive told her she doesnt have to do anything she doesnt want to).

They have also informed her that she has to see the Occupational Health Nurse and the Company Doctor.


My questions are,

How often can her employer demand she attend work for a 'Welfare Meeting'?

Is it acceptable for an employer to phone someone who is off work sick on a weekly basis (at least once a week)?

Can the company force her to see the occupational health nurse and company doctor? (I dont see why she should have to when she is already seeing her own GP to have the issues addressed).

She is becoming increasingly worried and frustrated with them as they have told her that she is to be disciplined for being off when she returns.

She has also recieved a text message from a colleague informing her that her immediate manager has been discussing her absence and conversations with her work mates.

I want to compose a letter for her to forward on to her employer, informing them that unless they back off we will take legal action against them.

They dont seem to understand that by constantly harassing her and telling her she is to be disciplined is having the oppisite effect of what they want.

She is now looking for another job as she is worried they will make life difficult for her should she return. I believe this would be the case aswell. Imo, they will be scrutinising her every move trying to find reasons to discipline her, ultimately with a view to sack her.

I know of more than one case where NPower have done this to others.

Any advice or help draughting a letter would be much appreciated.

Thanks

pfuk

[Sapphire]

Re: Harassed by Managers whilst of work sick (NPower)

I'm not sure if they are allowed to chase her like they are, personally I'd think the best thing is for her to talk to Human Resources, such a big company like that must have an HR Dept.

[pinkfloydianuk]

Re: Harassed by Managers whilst of work sick (NPower)

She has tried speaking to the HR rep for her dept.

Her manager informed her that if she has any HR 'issues' then she has to take them up with this rep.

Quite frankly HR for this company are about as much use as an ashtray on a motor bike.

I genuinly believe that the only way they will back off is to recieve something threatening via mail.

[Sapphire]

Re: Harassed by Managers whilst of work sick (NPower)

Thats awful, I hope someone with better info will pop along soon, in the meantime you might find some help on the ACAS site.

[Sapphire]

Re: Harassed by Managers whilst of work sick (NPower)

Just found this might be of help

http://www.advicenow.org.uk/is-that-...,10052,FP.html

[pinkfloydianuk]

Re: Harassed by Managers whilst of work sick (NPower)

Just found this might be of help

http://www.advicenow.org.uk/is-that-...,10052,FP.html

Thats excellent Sapphy, thank you.

pfuk

[teaboy2]

Re: Harassed by Managers whilst of work sick (NPower)

Just popping in to let you know i will make a full post in the morning advising you what to do next - Thats if someone doesn't beat me to it!

So far what Sapphire has posted is correct, but theres more that you need to do to ensure the employer, or manager in this case, understands the seriousness of their actions!

[pinkfloydianuk]

Re: Harassed by Managers whilst of work sick (NPower)

Thanks Teaboy, we look forward to your response

Regards

pfuk

[bluebottle]

Re: Harassed by Managers whilst of work sick (NPower)

An employer can seek an occupational health assessment, as this is in compliance with their obligations under Regulation 3, Management of Health and Safety at Work Regulations 1999. As for the manager blatantly admitting he is trying to force her back to work against the advice of a medical professional, my question to him would be, "Do you like working here? Because if you carry on like that, you won't be for much longer." The prat is in breach of Section 2, Health & Safety at Work Act 1974 (Failing to Ensure A Safe Working Environment and Exposing An Employee to Unnecessary Stress) and could face prosecution, along with the company, if NPower's senior management do not get a grip on him pretty damn quick. For an employer to ignore the advice of a medical professional is serious.

Turning to the threats of disciplinary action for being off sick, Sapphy's advice to contact ACAS is a must. There is also a piece of legislation called the Protection from Harassment Act 1997 which can be used to considerable effect to deal with this sort of thing. There is case law in the form of Mjrowski -v- Guys & St Thomas's NHS Trust 2005 which makes an employer vicariously-liable for any conduct which amounts to bullying or harassment of an employee by another employee. This certainly appears to be the case hear.

I've been on the receiving end of similar behaviour in my last job before FM made life a bit more difficult so I can empathise with your OH.

[charitynjw]

Re: Harassed by Managers whilst of work sick (NPower)

Hi pfuk,

Re disability due to stress, what they look for is how it affects day-to day activities.

So, any evidence of 'normal' activities will be detrimental to a disability claim.

Using public transport, shopping, even going alone to a meeting with the employer, especially if the employee is lucid & rational, can (& has, believe me!) been used as evidence of little, if no, affect of stress on activity.

Nowadays, if it were me, I'd even suggest (not too obvious, though), in written communications, that help was needed to compose the letter.

Just a word to the wise.

EDIT
Lol - forgot to include this http://www.parkcourtchambers.co.uk/s...0at%20Work.pdf

[Shadowcat]

Re: Harassed by Managers whilst of work sick (NPower)

Hello and welcome pinkfloydianuk

Sorry to hear about your girlfriend's problems.
Can you tell us, is there anything specific within her role that is causing this stress?

[teaboy2]

Re: Harassed by Managers whilst of work sick (NPower)

Right first of all Pfuk welcome to LB.

What your partner needs to do, or better still you need to do this for her is write a formal letter of grievance on her behalf and signed by you and counter signed by her.

Entitled the letter "Formal Grievance Letter"

In the first paragraph, detail the events that have been taking place and who has been behind those events and also details the effect this is happen on your partner.

In paragraph two, state that the managers contact with your partner is now deemed as harassment under the protection from harassment act 1997 and also that trying to force someone to return to work, by regularly asking when they will return or under threat of disciplinary action/procedures if they do not return is not only a breach of Section 2, Health & Safety at Work Act 1974 (Failing to Ensure A Safe Working Environment and Exposing An Employee to Unnecessary Stress) (As pointed out by Blue Bottle) the same applies for attempting to force her on to the shop floor when she attended a so called welfare meeting, also outline that the managers attempt to force your partner back into work when it is evident she is suffering from work related stress which is recognised under the equlity act 2010 as a mental impairment, and whilst she was signed off sick by a medical professional who diaganosed her condition and the cause, then they are also in clear breach of the equality act 2010 and their actions therefore amount to disability discimination!

In the third paragraph state that "I (enter full name) as the husband/boyfriend/wife/Girlfriend of Mrs/miss (enter full name) have wrote this letter on Mrs/Miss behalf as she is not in the right frame of mind to be able to write this herself due to all the additional stress the actions of your company (her employers) have had on her. Which have only served to worsen her condition. I also can confirm, that she will not be attending any further welfare meetings as a result of the managers action, and if the manager truely has any forms that need filling him, he is to send them to us by post where we will then complete them and return them by post.

Signed (Your signiture and name)

On and for the behalf of Mrs/miss (Surname)



I Mrs/Miss (surnamen) hereby authorised the above named person to right this letter on my behalf, as such this letter is to be treated as though it was written by myself. As such (Employer name) is to commence greivance procedures against the employees named in the above letter for the stated actions. Signed_____________ Date___________"


Then post it to them by recorded post. If the call your partner in the mean time state a letter of formal grievance is in the post and you will not be communicating with them over the telephone and all communication is to be in writing only - Though you may wish to state that in the letter too as the last paragraph.

[valeriej43]

Re: Harassed by Managers whilst of work sick (NPower)

I can sympathise with you and your girlfriend, N-Power isnt the only company to do this
My son works at Sainsburys, and has a broken rib, [on the mend now] but the manager asked him to go into work, as the rib is pressing on his lung he was advised to not lift or do any strenuous work,
The manager said other people come into work, and people have seen you walking about, [he has obviously had to get more painkillers etc,
He said my rib is broken, not my legs
Also if they are off sick more than once they dont get any bonus due, and get called in for a TALK when they go back.
This is disgusting how workers are treated when they have a genuine illness

[teaboy2]

Re: Harassed by Managers whilst of work sick (NPower)

Hi Val

Whilst your sons manager is out of order (some people don't know what common sense is even if it hits them in the face!)

The "TALK" when they return to work is standard procedure for the majority of companies, its more commonly known as a "Back to Work Review". These can be done either by informal chat or by formal meeting with direct manager and/or HR. Basically its for the company to see the employee to make sure they are fit and well enought o return to work and if their is any on going concerns with regards to the employees health that maybe worsen by certain parts of their job, such as heavy lifting. Basically the return to work review is part of the employer duty of care to the employee. Though some do abuse this and use it to apply unwarranted preassure on the employee or issue warnings if they take anymore time off.

[Hurricane Puffrose]

Re: Harassed by Managers whilst of work sick (NPower)

I can confirm what Teaboy has said.

The back to work meeting is standard practise, its normally to ensure that the worker has everything they need to return to work without any further injury etc.
In cases such as your sons Val, they may go through the accident report if your sons injury was at work, or show him the copies of doctors notes etc, its to cover both backs.

Some places do double up as a "interveiw" with threats and warnings about further illness, your son is within his rights to call a halt to the proceedings and demand the meeting to be rescheduled when he has someone (legal rep, union rep etc) present. Also if your told he cant be in a union its crap.. totally illegal for the company to say that! (this also is the case for the OP's partner)

Health and Safety also denote that there may be the need for a risk assesment (dependant on the nature of the absence) accidents etc its most likely.. as well as pregnancy ladies.. yes you need a risk assesment if your preggers! Employers are well within their rights to request one.