u/VisualMalfunction

Breach of contract, return to work

Have a contractually binding new start for an internal role commencing this Monday (same employer, no loss of service). All signed and confirmed 7 weeks ago in writing.

Have been off due to disabilities (covered under EqA 2010) in the previous role for around 5 weeks, which officially ended Thursday just gone, when the fit note ended as well.

Management (new manager only) has said to me "Is it ok if..." / "Can I ask that..." / "would be ok to postpone" the new role start date for a week or two until I complete a return to work and have support implemented, if need be through my old role, nothing about if I need support in the new role. Hasn't come from HR or anything at all. Only this manager for new role.

What are my options?

Should I work under 'protest' or should I turn up for new role as contract defines so, as this to me is not ignoring a reasonable request.

Management's lack of communication during this period doesn't seem to be my issue.

Sickness policy basically states "immediately upon return"/"earliest opportunity" for a return to work after absence, and doesn't define an actual person, or cover anything that it needs to be in previous role/department. Contract as well doesn't cover anything on this either.

Scotland.

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u/VisualMalfunction — 1 day ago

RTW after sick leave no support

Hi,

I have been off on sick leave due to my disabilities (impairments) and have been off for around 5 weeks. Cover under the EqA 2010 as reoccurring conditions etc

My fit note expired yesterday and was due to return this Monday in a new internal role, which has a signed contract and start date etc from both sides.

During my 5 week absence due to my medical conditions, my employer and management didn't contact me at all, until Thursday just gone, no OH referral or anything, no discussion at all during these 5 weeks. The HR guy I disclosed to didn't bother to engage on anything as well.

This has been due to management abscenes, our HOD knew about my absence (fit note) as he was covering for line manager being absent but he didn't bother to reach out to me or anything in this time. I did inform him my fit note was due to expire on 2nd. I don't think he told my line manager this.

She has returned to work now (didn't know this), she only reached out on Thursday, asking when I was due to return to work, I've told her this Monday as the fit note expired yesterday. I replied back to her and told her that I was under assumption I would go to my new department on Monday.

But then I noticed I had an email from the new manager for my new role asking for me to complete RTW with my previous manager and get any support implemented and if we can delay my start date for a week.

I haven't responded back to his email as I am unsure on what to even say to a change of contract start date which my employer and me both signed.

I am 1 year and 3 months of service.

I'm at complete loss of what I should do. As it's Saturday, I am basically walking into work with nothing implemented, no support plan etc... We are a multi country organisation with a huge HR department.

Should I email in sick again next week?

Any advice anyone has would be great on steps I should take?

Thank you

Edit: I do know some in HR work weekends should I use my work laptop and try and reach out to someone in HR?

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u/VisualMalfunction — 2 days ago