Employer has requested a meeting whilst I'm off sick

Hi 

I've been off work on sick leave from the day of my surgery for breast cancer on 13th April. My recovery from it had been slow and now my oncologist has signed me off til mid July.

I have kept my line manager updated both prior and since being off and when I advised that I will be off a further 2 months at least they have now asked for a 'case conference meeting' with HR present. 

In the letter it has about 10 bullet points of things to be addressed in the meeting. This includes a questiin about when i might be ready to return, reasonable adjustments, and possible outcomes.

Work has been good with no pressure til now but this kind of formal meeting has made me a little nervous. I know I'm covered by the Equality act 2010 but I'm not sure in terms of what questions they can/can't ask and whether I can refuse to answer any (ie I can't predict when I'm going to be well enough to return to work as I have to have radiotherapy too and my oncologist has said that as I'm already experiencing fatigue I am likely to have this exacerbated). I've also got  to have physio to improve my arm and shoulder movements prior to the radiotherapy.

I am interested to know if anyone can answer any or all of these questions. Thanks in advance.

  • Hi there, sorry to hear you're concerned about this meeting, as if you don't have enough to think about. 

    I've had this kind of meeting on several occasions over the years, (not due to cancer.) Even when occupational health advised HR I have a disability, they kept up the formal meetings with my line manager. They always said they took my disability into account, but that they had to be seen to treat all employees the same with regard to the absence policy.  

    Each time, I asked for a union rep to be present, to make sure the proper procedures were followed. Yes, I was asked things like when might I be back, (something I couldn't answer with certainty,) and was there anything they could do to help me back to work sooner. They asked what steps I was taking to recover. A couple of times I was sent to see occupational health for a medical report. Occ health were actually very helpful and supportive. When the time came to return to work, it was often on a phased return following their input.

    Even when the HR meetings ended with me being told they understood my position, I received a letter afterwards saying they wanted to see an immediate and sustained improvement in my attendance record. Again, they said it was policy, not personal. Boy, does it feel personal, although I know lots of other employees had the same treatment. I'm not trying to worry you by mentioning that, just so you're aware it's a possibility. As I said, this wasn't because of cancer.

    The main thing to remember is you need to take time to recover, nothing is more important than your heath. Hopefully your meeting will be constructive. Please don't feel pressured to agree to anything you're not happy with.

    Regards, gamechanger

  • Thank you for your reply gamechanger. Sounds like you've had your battles over the years both with your health and work. 

    I've now spoken to the Macmillan employment advisor who has given me some guidance so feel better about this now. He's also told me what might constitute discrimination. 

    Thanks again

  • That was a great idea, I didn't realize Macmillan could help. Fab.

     

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    Hi Cornishpastie,

    I am sorry to hear that you have this extra hurdle to jump, but glad to hear that Macmillan has given you some extra tips to go armed with. You certainly don't need this additional hassle. Gamechanger has given you some good advice, particularly about having a union rep present at the meeting. S/he should be au fait with the correct procedure to be followed and, the questions that shouldn't be asked at such meetings.

    As someone who is self-employed, I cannot offer any advice, but hope that it turns out well. Don't be afraid to tell them that you don't know when you'll be back. There are no hard and fast rules as far as cancer treatment is concerned. You haven't even started radiotherapy yet, so cannot say how you will react to it.

    I am thinking of you and hope that your meeting is constructive.

    Kind regards,

    Jolamine xx

  • Thanks jolamine....i haven't joined the union....other half told me to ages ago so been told off in a nice way!

    I definately won't be committing to a date or timeframe. I've only been off work 4 weeks!!! The Macmillan worker said to go with my own agenda as to what they are going to do to support me while I'm off and when I plan to return. He said it's not just a meeting for them so remind them nicely of this. So this is now my approach lol

     

  • Hiya me dear

    For what it’s worth..think gamechanger is about right. Go on line nd pull your sickness policy (local gov nd nhs have theirs on their intranet.). It will give you insight as to why they have called the meeting nd what will b discussed etc.

    I worked in the NHS nd ours pretty much said if off on 3 separate occasions in the yr or 3 consecutive wks then as standard a meeting would b called. If u are unable to get to them u can have them come to you for the meeting. It’s standard protocol box ticking.

    If i was still at work I would have expected my lot t do this. I’d expect them t have standard questionnaire to prompt their question nd record responses. I’d expect them to b ... nice. I would expect them to ask how they can help get me back to work, when I expect to b back to work, anything that needs to prepared to facilitate my return to work etc then agree when we will have a review meeting. Last but not least within 2 working days to have a copy of the meeting nd agreed proposals for me to sign and say I agree with what has been recorded. It’s what my policy says would happen nd tbh your manager is probably thinking it’s absolutely ridiculous cos they know why u r off... but there are boxes to b ticked.... sigh. 

    Your policy may b different but not a kick in the backside off I bet lol. 

    If u can’t get on yr intranet ask yr manager to email u a copy. There is even probably a form they use as the questionnaire... you should b able to view this too so u know what will b asked. Openness and transparency order of the day:-) x

    i am gonna be gob smacked if this meeting goes south :-) good luck me dear x

     

  • Thanks sandra. Yes I'm hoping it will be just a tick box. But I don't want to say or agree to anything as I just don't know at the moment. I will update x

  • Hi just been speaking with daughter who attends these meetings with her staff. She said from her perspective with her staff- it is a standard adherence to policy ( tick box exercise) they are HR lead so HR will normally ask the questions. She sees her role in the meetings as support for her staff and to provide as much assistance as possible to ensure staff feel their needs in the workplace are being addressed. 

    Mentioned u may b asked when does your consultant expect you to return to work - you would say they have given you sick note till (date) pending outcome of treatment. Fact but non specific. 

    Ok I’ll let it go now;-) good luck me dear ️ X

     

  • Thank you do much for asking sandra. I really appreciate it

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    Hi Cornishpastie,

    You have the same luck as me.

    I'm sure that you will manage to deal with them in a polite but firm way.

    Best of luck.

    Jolamine xx