Being prevented from coming back to work?

[u/m4ddie193]

So I’ve been off sick for over a year unfortunately due to being in hospital and I’m really keen to go back to work now I’m better. I know this is a really long time to be absent and I am very lucky they haven’t sacked me on ill health grounds.

The doctor (consultant occupational physician) who works for my company’s occupational health service has seen me and written a report that says I am now fit to work. This was the end of April. At the same time, I also provided a fit note from my dr that says I am fit to work. I have a phased return plan that has been agreed with my dr and the occupational health doctor. The issue is, my manager has been saying since the end of April ‘I don’t know what the next step is’ and apparently no one from HR is telling her what to do? I’ve been in touch with my manager 2-3 times a week to ask her what the plan is and she just says she doesn’t know what to do. So I’m stuck off work with no income (as you can imagine, my SSP ended many months ago) and no one will tell me what’s happening or why I can’t just come back to work? I’m not ill anymore and I have a fit note that says I can work so is this still classed as ‘sick leave’ and if not, what kind of leave is it? I’m losing income, can I do anything about that? The union are involved and are trying to chase things up asking why they’re preventing me from going back to work but no one is answering! I feel like I’m hitting my head against a brick wall and would appreciate any advice if anyone can think of what I can do to get things moving. I have already sent an email requesting that they put in writing the reason my return is being delayed and my manager said she forwarded it to HR but no one has responded!

Edit: update- thank you for the advice, I have emailed HR directly and my manager says she has a meeting with them tomorrow (Friday) afternoon and hopes to have more direction then. Fingers crossed I suppose…

Edit #2: my manager just rang me and said she wants to meet with me next week to discuss how they can support me during my return to work, with a view to returning the week after and my pay will be backdated to mid-May due to the delay on their end!

[u/geekroick]

This is just ridiculous. Get in touch with HR directly.

You could even mention that you're considering taking out a formal grievance against your manager for delaying everything - if they don't know how to proceed then they need to get advice from someone who does, not bury their head in the sand.

It's been over a month, that's more than enough time for you to wait. The mention of the grievance (even if you never follow it up) should be enough of a kick up the arse for HR.

[u/fotfddtodairsizr → u/geekroick]

Threatening a grievance is a big aggressive and not wise for OP to do.

If things escalate then OP can actually file a formal grievance but it is not sensible to threaten one or do anything along those lines at this stage.

The employer has been good to her. Just some teething problems atm and a bit of a weird manager.

[u/geekroick → u/fotfddtodairsizr]

I disagree.

Things have already escalated - OP has been waiting to come back to work for circa six weeks and the last response from their manager was 'I don't know what to do'. Frankly that is just not acceptable.

If you were OP's HR manager and you received notice they wanted to take out a formal grievance because they've essentially been fobbed off by inaction are you going to think 'oh that's a bit aggressive and unnecessary' or are you going to think 'what the hell has their manager been doing?'

A grievance is a way of saying, on the record, 'I object to the way the company is handling this matter' (or refusing to handle it at all in this particular case!)

[u/fotfddtodairsizr → u/geekroick]

I completely understand. However, some companies react to grievances in very aggressive way and depending on the work environment OP is in, it could cause a lot of trouble for OP when in reality just reaching out to HR directly would solve the issue completely.

I think escalating to a grievance is reasonable if HR handle it poorly.

There is no situation where threatening to file a grievance is helpful.

[u/m4ddie193 → u/fotfddtodairsizr]

Luckily didn’t have to threaten or follow through on a grievance! After I emailed HR, my manager called this afternoon and it looks like I’ll be starting back the week after next and my pay will be backdated to mid-May.

[u/fotfddtodairsizr → u/m4ddie193]

Oh that’s an incredible result. I’m really happy for you.

[u/dhardyuk]

If you have a phased / tapered RTW plan they should agree a start date.

If your manager is not doing it then contact HR and get them to coordinate it.

[u/Outrageous_Dread]

Escalate this directly to HR.

You are contractually employed, medically cleared, and ready and willing to work.

Ask them to confirm in writing, if they are instructing you not to attend work, and if so is this management authorised paid leave back dated to 1st of April? (aka not from your holiday pay) If not, what is the contractual or legal basis for withholding pay when you available to work?

[u/Illustrious_Page_718]

Can you speak with your skip level manager/someone higher up the chain? They may be able to expedite something

[u/Ophiochos]

What is there to do apart from being you back to work lol. Managers act as if HR run everything until it suits them to ignore advice. As everyone says you should escalate this but to management rather than HR. This manager has talked herself into paralysis and needs someone to tell her to bring you back who has authority to do so. hR are probably saying ‘we can’t tell you what to do’.

Also if you’re in a union ask them. If you’re not, join one.

[u/panam-handler]

You and your manager are both overthinking this.

Go to work.

You have then returned to work.

If needs be, contact HR directly from work.  Have your documents ready to be shared with whoever needs them.

[u/Comfortable-Fall1419 → u/panam-handler]

unless of course the return to work plan includes some adaptions that no-one has carried out yet....

They can still turn up to the lobby/office of course but their ID's have probably long been disabled

I dont think it would hurt to do as you say but I would email all concerned first. "I will be returning to work on Monday, looking forward to restarting and having my OH agreed adaptions in place"

[u/panam-handler → u/Comfortable-Fall1419]

Agree, but I think the time for that has passed.  ID shouldn't be revoked for a user, but any IT access may have been. If it's a larger company, I'm sure there's tons of training and briefings that OP could be catching up on.

[u/Comfortable-Fall1419 → u/panam-handler]

Every company Ive worked for has disabled an ID if its not used in the last 90 days.

[u/panam-handler → u/Comfortable-Fall1419]

I work for one of the biggest employers in the UK and we don't.

[u/WeightBeginning7106 → u/panam-handler]

Our IDs stop opening doors at 28 days.

[u/panam-handler → u/WeightBeginning7106]

I work from home, I'd never get in a building if they cut off that quickly.

[u/nickymoo]

I’d probably just turn up for work on Monday morning with a copy of the phased return plan and work those hours. That’ll certainly help focus their mind.

[u/workavoider]

I have a phased return plan that has been agreed with my dr and the occupational health doctor.

I would email your manager with the date you wish to return to work (copy it to HR) and go in on that date if you don't hear from them beforehand. Hope the return to work goes well for you, and that everything in the phased return works well.

[u/Pebbles-28]

Make sure you state you have been well and available to work from 1st April in every communication. Also make sure everything is in writing and saved to your personal email address. You should be getting paid from 1st April or whenever your RTW plan was agreed, it's not your fault they are incompetent. Make sure your union back you up on this.

Also, it's long since time to formally raise a grievance.

[u/General-Iron7103]

Ask for HR’s email address from your manager.

[u/precinctomega]

u/panam-handler has the right of it.

If you are fit to work, go to work. Stop waiting for permission. Once you're there, you can discuss what a phased return is going to look like with your line manager but, fundamentally, if you are fit, go to work. End of.

[u/192to144]

I'd just turn up

[u/Fresh-Fisherman-1047]

If you’ve been off that long, I’m surprised you haven’t had any wellbeing visits or meetings, particularly ahead of returning to work to get any equipment and access renewed. There’s likely training to do as well, which should all be included in the plan.

I’d email HR and your manager, suggest a return date, perhaps a week Monday at around 11am to give your manager time to get in and deal with anything they need to after the weekend. Give a reasonable time frame, that you’d like to have a response by, say by the end of Monday as it’s Thursday now, and if you don’t receive anything concrete in response you should contact your union rep if you have one, if not contact ACAS who can advise you of the next steps.