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my daughter felt ill at work but was not allowed to leave - what are her rights ?

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madeira1328 | 09:04 Fri 17th Jun 2011 | Law
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My daughter rang me extremely upset - very stressed about her job, felt she couldn't work - although she had arrived at work - couldn't stop crying - totally overwhe;med by the amount she has to do - but worried about taking a day off because things would only get worse.
Persuaded her to speak to her manager and she was told she couldn't leave.
What are her rights?
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If she is not well she could go home sick. They cannot stop an employee leaving the building! Maybe they said she could not book it off as annual leave. Her sick leave rights would depend on what's in her contract. If the employer does not provide sick pay she would still be entitled to statutory sick pay(i.e. paid by the state).
She needs to book a meeting with her manager to discuss how to prioritise/re-distribute her work. An employer will be impressed that she is addressing a problem in order to solve it. If the employer unreasonably fails to assist then the problem will get worse and if she has to leave they could be facing a constructive dismissal or unfair dismissal claim by your daughter if they later ask her to leave. It's better for them to help to solve this in the short term.
just a thought but she needs to be careful its not just time of the month making her feel this way, and that it genuinely is a massive workload...because if its a normal workload and she is feeling this way she may be let go as being unable to do the job she is paid to do.

I have a very stressful and long houred job and i know at certain times of the month i sometimes become scatty headed and unable to concentrate, heightened senses and get a bit weepy...where the slightest thing will upset me...i sometimes feel overwhlemed and i will want to run away

I am aware of this though and i am able to control and make sure it doesnt show much.
If she was genuinely ill she should have been allowed to leave. i can'; understand what an employer would gain, frustrating as it might be to be short staffed, by making her stay. I would have left and then seen a GP.
If it is all down to work stress then she does need to discuss with her boss what the issues are and how she would lke to resolve them. If she is not up to doing that at this time, she should ask her GP to be signed off work until she can address the problems with her manager.
Taking time off would be avoiding the issue in the long run, maybe could book some leave in order to have a bit of a relax. In the mean time, she should identify exactly where the problems are and sit down and discuss her work load with her manager so that her manager can support her and see if there are things she is doing that she either doesn't need to or that could be supported better.

I'm not sure why she couldn't have gone home, there was nothing to stop her walking out but I don't think that would have looked very good. I think my manager would have sent me home if I'd come to work in that state but she would have said we'd be discussing my workload in the very near future! What reasons did the manager give?
Just a small point.....Your daughter by your own statement was in a bit of a state, whatever the reason...are you SURE she clearly understood what the manager was saying?

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