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Not allowed to return to work after sick leave

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  • bendix wrote: »
    For goodness sake, can't you write the note, and just ask your doctor to sign it.

    Seriously, how do you managed it everyday life as an adult?

    Do you come on the forum and ask if you should have warm or cold milk with your Weetabix each morning?

    Thanks for the helpful input. NOT. If you care to read my opening post, you will read that I already asked the Doctor, and he said because the sick note expired, that was enough. Unfortunately, unlike you seem to be, I am not fully qualified and experienced in getting my doctor to sign things.

    I'll just barge into his office and force him to sign it eh? Have you tried getting an appointment at my surgery?

    Now, what temperature milk should I have on my cereal this morning?
  • dmg24 wrote: »
    The Med3 form does allow for the GP to state that the patient need not refrain from work. I don't understand why the GP will not issue this?

    He said the previous Med 3 form had a date of closure on it. ie. a date to return to work. It is my employers being pedantic that is preventing my return to work.
  • Zazen999 wrote: »
    I'd have presented myself at work each day; fit and ready for work...personally.

    And brought my own [warmed] milk in a flask for my weetabix.

    It had crossed my mind.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    The employer has a duty of care and should carry out a risk assessment. It is likely that the GP does not have full details of OP's duties and workplace environment.

    Personally, if I had a client employing a driver who was taking these medications I would be advising my client to obtain the employee's consent under the medical reports act, to contact the GP, and then I'd be setting out the employee's duties in detail and asking the GP to confirm that he is fit to carry out those duties, including while taking the medication. This is not unreasonable, in my view - it is not only the employee who is potentially at risk, but his colleagues and other people on the road.

    However, if the sick note has expired, and the employer is refusing to allow OP to return to work, they are effectively putting him on medical suspension and should be paying him full pay until the risk assessment has been carried out.

    OP I suggest you phone your local ACAS office. They give free impartial advice about employment related problems, and will be able to talk through the issues with you.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • The employer has a duty of care and should carry out a risk assessment. It is likely that the GP does not have full details of OP's duties and workplace environment.

    Personally, if I had a client employing a driver who was taking these medications I would be advising my client to obtain the employee's consent under the medical reports act, to contact the GP, and then I'd be setting out the employee's duties in detail and asking the GP to confirm that he is fit to carry out those duties, including while taking the medication. This is not unreasonable, in my view - it is not only the employee who is potentially at risk, but his colleagues and other people on the road.

    However, if the sick note has expired, and the employer is refusing to allow OP to return to work, they are effectively putting him on medical suspension and should be paying him full pay until the risk assessment has been carried out.

    OP I suggest you phone your local ACAS office. They give free impartial advice about employment related problems, and will be able to talk through the issues with you.

    I have explained to my GP my duties and workplace environment. I also put it in writing to my GP that my employer wants a note to say I am fit to work and specified my duties and detailed my medication in the letter too. I am also in a difficult position where as a driver I have responsibilities on the road, but my GP has insisted I am fit for work. My only option is to reduce my medication although I never discussed this with my GP. I'll have to see how I cope with the pain. My Doctor also told me that lots of people go to work and suffer pain, which I had never thought about before.

    My employer has asked my permission to contact my GP, which i granted.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    moredough wrote: »
    My employer has asked my permission to contact my GP, which i granted.

    Well, provided they are paying you while this is sorted out, imo they are simply taking reasonable steps to protect themselves (and you). If they failed to make these enquiries and you had an accident and (heaven forbid) injured someone or worse you could be prosecuted and so could the company, so it is in your interests as well as your employer's that they do make these enquiries.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Well, provided they are paying you while this is sorted out, imo they are simply taking reasonable steps to protect themselves (and you). If they failed to make these enquiries and you had an accident and (heaven forbid) injured someone or worse you could be prosecuted and so could the company, so it is in your interests as well as your employer's that they do make these enquiries.

    Nope. Just had them on the phone. They said I'll have to get a sick note for this period until they decide to let me back. I'm beconing stressed again. I really don't think the Doctor is going to issue a sick note when he's said I'm fit.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    You need to speak to ACAS and find out what your rights are, and what to do about it.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • I think they're trying to prevent me from returning before the end of the week, when we're due to break up for Christmas. My holidays run from Jan to Dec and I'm still entitled to some days which they make me take over the Christmas period to fill the gaps between Christmas and new year. I get the feeling they now want me to stay on SSP until the end of the year and then they'll not let me carry my holidays over to the new year. Maybe I'm just being paranoid.
  • bendix
    bendix Posts: 5,499 Forumite
    Paranoid? Nahhhh . . . you think?
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