[Help] Employment Law advice.

Wardy's twin · Sep 11, 2019

Within most big corporations or similar e.g. NHS, Councils, Civil service there will be clearly stated rules of engagement. In the corporation I worked for people would be told that a breach of sickness rules MIGHT result in a disciplinary issue. This is said to cover the employer just in case things go wrong and they can clearly state that individual was notified of potential. In all cases this was documented and shared with the employee.

BensGrandad · Sep 11, 2019

She is one of the misguided youngsters who believed that the grass would be greener with Corbyn but she will learn the truth.

Chicken Run · Sep 11, 2019

BensGrandad said:
She is one of the misguided youngsters who believed that the grass would be greener with Corbyn but she will learn the truth.

You say with Corbyn but we haven’t had him yet nor likely to either?

BensGrandad · Sep 11, 2019

One Love said:
https://www.acas.org.uk/helpline

Free helpline for employees.

Acker79 said:
Don't know if this helps, but it's the NHS Terms and Conditions of Service Handbook. There are separate sections regarding sickness absence depending on whether it's in England, Wales or Scotland.

https://www.nhsemployers.org/tchandbook

England sick leave: https://www.nhsemployers.org/tchand...f-service/section-14-sickness-absence-england

Thank you I will pass them on to her to read while she is off sick.

Ernest · Sep 11, 2019

BensGrandad said:
She is one of the misguided youngsters who believed that the grass would be greener with Corbyn but she will learn the truth.

God knows why she asked you then

BensGrandad · Sep 11, 2019

Ernest said:
God knows why she asked you then

I have explained that earlier

Weststander · Sep 11, 2019

@BG ... ACAS is a must. Free advice from experts, also very practical.

NooBHA · Sep 11, 2019

BensGrandad said:
I can only report what she has told me when she asked me to look it up on the internet. I do know that on one occasion she went to work when her boss was away on leave and was sent home but on return of both her boss said you either come to work or are sacked.

In the NHS it is seldom the case where a ''Front Line Manager'' has the power to sack anyone - I think they can ''suspend'' them from work but they don't have the power to sack them usually.

The case would then be passed up to an Administrative Manager or Board for them to consider a Potential Termination

dazzer6666 · Sep 11, 2019

beorhthelm said:
i would suggest you dont have the full story, as i expect the NHS HR to follow tight processes. on return to work there would be a referal to occupational health to assess what duties she can/cant do, given alternative duties and so on.

Yep, absolutely this. She’s either not telling you the full story @BG, or she has a properly rogue manager. Strongly suspect it’s the former. Why can’t she do canulas ? Any ward has nurses that can or can’t do them - it’s a fairly simple training course you have to attend - not being able to do them wouldn’t mean she couldn’t work or would get sacked.

BensGrandad · Sep 11, 2019

dazzer6666 said:
Yep, absolutely this. She’s either not telling you the full story @BG, or she has a properly rogue manager. Strongly suspect it’s the former. Why can’t she do canulas ? Any ward has nurses that can or can’t do them - it’s a fairly simple training course you have to attend - not being able to do them wouldn’t mean she couldn’t work or would get sacked.

Without going into too many details she is suffering from emotional problems.

dazzer6666 · Sep 11, 2019

BensGrandad said:
Without going into too many details she is suffering from emotional problems.

Fair enough.....would probably explain the canula situation. She needs to speak to the Occupational Health dept and get a proper (and documented) assessment of her ability to perform various duties asap. They might want a doctor’s referral to do that

NooBHA · Sep 11, 2019

BensGrandad said:
Without going into too many details she is suffering from emotional problems.

There is something she isn't disclosing to you then BG

NHS take such illnesses very seriously. They wouldn't force her back to work. I have seen cases where people within the NHS have been off work with stress and depression for close to 3 years without being Terminated. They obviously don't get fully paid during that time but their positions are often kept open for them.

BensGrandad · Sep 11, 2019

That is what my wife and I have been telling her. dazzer

Cheshire Cat · Sep 11, 2019

You need to see the relevant sickness policies and procedures, and get the full history. Otherwise everything is merely speculative.

She might be facing a competancy issue if she can't do her job, rather than a health issue. The two are related but not the same.

A line manager cannot sack anyone. It has to go through the due process.

Weststander · Sep 11, 2019

BensGrandad said:
Without going into too many details she is suffering from emotional problems.

A close friend had a major breakdown and depression, they work for the NHS. The bosses were fully supportive, giving two long spells of fully paid sick leave, with absolutely no pressure to come back. Stemming from compassion to someone in a team who’s life was potentially in jeopardy, and at the same time safeguarding patients (they advise on med’s needed, diagnose, etc).

clapham_gull · Sep 11, 2019

BensGrandad said:
She is one of the misguided youngsters who believed that the grass would be greener with Corbyn but she will learn the truth.

However she could make a start and join a Union. 99 percent of the time they don't make trouble and to be frank are a lot more useful than you and google.

Sent from my BTV-DL09 using Tapatalk

LamieRobertson · Sep 11, 2019

Ernest said:
No employment rights anymore thanks to the Tories. You should tell her to vote Labour at the next election as that is part of their manifesto

Kaiser_Soze · Sep 11, 2019

BensGrandad said:
She is one of the misguided youngsters who believed that the grass would be greener with Corbyn but she will learn the truth.

WTF has that got to do with the NHS policy over sickness

Bodian · Sep 11, 2019

BensGrandad said:
She is one of the misguided youngsters who believed that the grass would be greener with Corbyn but she will learn the truth.

Not really the thread to bring politics into it - but you cannot really be critical of Corbyn, whilst at the same time effectively bemoaning the power of employers to effectively do what they like because employees rights have been weakened. Corbyn is also a big supporter of the Unions - and this sort of situation is precisely what Unions are for, and why we need them. You tell her to join a Union quick - they'll probably still act for her.

drew · Sep 11, 2019

NooBHA said:
This is more than likely true.

NHS have very good HR Systems in place and they are often very supportive to their staff

Well I hope they've improved because BSUH a few years ago had an HR dept that wasn't fit for purpose!! And to avoid arguments, that was substantiated by an in depth external report.

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[Help] Employment Law advice.

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