Confused

jon68

hi, I’ve had health problems over the last couple of years ie heart attack and diagnosed with CKD stage3, I’ve informed relevant parties at work . Just recently I been given a new rota although no discussion had taken place , so I raised a health concern as now I need to do 3 call out/standby in one of the weeks due to my fatigue due to ckd without adequate rest between shifts ie 11 hours . I was referred to occupational health and they recommended I was fit to do my substantive duties during the day but erring on the side of caution to be take off call out night time work. I had a meeting with HR and subsequently told I needed to go home on sick leave although o/h advised I was fit for work and now they want a sick note I’ve explained I am not sick and now being told by supervisor no sick note no pay and they cannot make any reasonable adjustments as I’m am under contract to perform call out/standby and not for filling my obligations set out in contract. I also have a employment tribunal set for January 2026 it feels as though I’m being managed out of company

Any advice would be greatly appreciated

Rosie_Scope

Hi @jon68, sorry to hear you're going through this at work. Reasonable adjustments can be a tricky area sometimes. There's a page about it on the Scope website if you'd like to read about it:

Reasonable adjustments at work | Disability charity Scope UK

Are you part of a union for your work? If you are, it's worth getting in touch with them to explain what's going on and see if they can offer any support.

If you don't have a union, it may be worth speaking to ACAS to see if they can offer some advice on your rights:

Acas | Making working life better for everyone in Britain

I hope you can find a solution soon.

Santosha12

Hi @jon68 I'm so sorry for the health problems you've experienced. Reading through your post I cannot avoid saying the outrage I feel at how you are being treated. It's appalling and I'm so sorry they're putting you in this position and willing to compromise your health and wellbeing. (My background is HR/Operations management but been out of it for c 15 years).

Have you contacted ACAS? They are probably your best first port of call.

Your company/HR department have purposely disregarded the Occupational Health advice and it really is totally unacceptable bearing in mind your health.

Did OH indicate to you the timescale they felt appropriate for you to be permitted not to be on call-outs/night time work?

What notice period are you on?

I appreciate you have a Tribunal in January 2026 - is your employer aware of this? It feels very much like constructive dismissal but please do not resign. If there's any delay at all getting ACAS advice at least sign off sick until you get their advice.

Are you in a trade union?

Are you in a role that requires a high degree of safety?

Important: do you have any kind of additional terms of employment (Company Handbook etc) and easy access to it. Plus details of the company's Grievance Procedure, Absence & Sickness Procedure and the Disciplinary Policy. It will be helpful for you to have these at home in case they send you home (and if any of these are accessed via company intranet in case your access is stopped or if you just cannot access it remotely).

Please don't feel you have to answer my questions (ACAS will ask you these I'm sure and it will just be helpful for you to have the answers at your fingertips); but please, you should not agree to be pressurised to working the on- call/nights with your health condition currently.

Please forgive my reply being a bit disjointed. I've rushed slightly in case you want/are able to ring ACAS today.

Very, very best wishes to you. IF you are happy to let us know how you get on that would be good but only if you're comfortable with that. Take care of yourself.

jon68

thanks just trying to figure out my next move and advice I’ve asked for a copy of my contact which they said the have lost and one never came back in my sar in February this year, as for work union gmb nobody wanted to know had to get it to employment tribunal stage myself

Santosha12

https://forum.scope.org.uk/discussion/comment/1018425#Comment_1018425

You're welcome and I understand only to add ACAS can still advise to some extent even whilst you've not got your contract. They've been very helpful in the past. All the very best to you.