duty of care

[Hurricane Puffrose]

As you know I am at present off sick due to a severe injury to my wrist, this is causing me pain, lack of movement and at present I have literally zero strength in my right wrist. I cannot wash, dress or brush my hair without assistance (in fact my beloved Jessica is typing this for me as we speak () as I am unable to do that too).

I have been signed off by the doctor for at least 4 more weeks, for which I am not being paid. I have been told I will never use a conventional mouse again, but my TL has been less than useless when it comes to Risk Assesment of any way, shape or form.. I have been waiting for over 4 months for that.

Whilst I have been off, (4 weeks so far) I have had umpteen calls and texts from my workmates asking how I am and whats happening. From my TL I have had .... drumroll please.... 2 calls. One of which consisted with her creased up laughing about how funny it was that they have put one of my team on ther "idiot table" as she is not making enough sales, and encouraging other team members to shout messages to me down the phone.

I am supposed to be having a meeting about my needs for coming back to work, as yet, nothing.
I was promised a letter within 3 days, still waiting.

What rights do I have as an employee regarding welfare calls, is there a set proceedure for this, as I am sure they will attempt to discipline me for my time off, and forewarned is forearmed!

[des8]

Re: duty of care

I think you will have to look at your contract and staff handbook to see what your companies procedures are.
My understanding is that your employer should attempt to accommodate your disabilities, but if they cannot and you cannot carry out your job, you could be dismissed.

Can only really refer you to your earlier post.http://www.legalbeagles.info/forums/...rove+it+letter
I wouldn't rely too much on support from your colleagues if it comes to the crunch. They can easily be lent on to become amnestic.

[stevemLS]

Re: duty of care

No, there is no "right" to receive welfare calls.

Many employees consider contact from their employer whilst off sick intrusive and unwelcome.

Your sickness absence policy should set out what your employer considers appropriate in striking a senstive balance.

You are not a passive "victim" in this and you have an equal responsiblity for securing your return to work as soon as you are well enough. You should just sit back and wait for them to call, for example, with regard to your return to work meeting. Get on the phone to them and ask to set the meeting up. Being proactive like that can only be regarded as in your favour if they do seek to take disciplinary/capability action.

[Johnboy007]

Re: duty of care

Hi,
If you have a company 'Welfare 'Officer/Manager', then he or she would attempt contact after a couple or so weeks off work sick.
This is normal for companies who employ them.
Now you cannot be disciplined for sickness, but as stated a company can dismiss you if the sickness continues for a while, and with no prospects of you returning to work.
However, your company should arrange a 'return to work' meeting with you, to assess the situation.
It may be possible for you to do alternative work, and this should be discussed.