injured at work, sick pay ended but management questioning whether fit to return

incensicle

I hope someone can advise me. My husband was injured at work 6 months ago. His sick pay ended on Dec 25, but he had been offered light duties to start on Jan 5, which he has been doing.
Both his doctor and the work Bupa doctor agreed this would be okay, as long as it did not exacerbate his injury.

He saw the work doctor again today to check his progress, who said he would be unfit to return to his previous job for at least the next 3 months although he certified him fit to continue light duties. However when his management read the report they said that he was a health and safety risk, and did not think he should be working at all. They are going to do a risk assessment on him, but they said 'it doesn't look good'.

I have a number of questions.
If his medical report says he is fit for work, how can management question this?
Do you think management are trying to get rid of him, there have been redundancies and 'restructuring' going on?
If he loses his job what benefits can he claim, and what are his chances of getting another job, if he has ben sacked for being injured?
What should we do next?

Thank you in advance to those who take the time to help, it is always really appreciated

NASA_2

I cant really comment on the employment questions but I'll try benefits wise.

If he is sacked and is still unfit for work then he can claim ESA which is a sickness benefit. There are two elements to it - one is based on National Insurance contributions which means he may be entitled even if you work full-time.

dmg24

Yes, it is possible for an employer to refuse to allow an employee to work when a medical report says they are fit to return. There is a fair bit of case law in this area, but it comes down to how significant a risk the employee poses to themselves and others. The employer is correct to do a risk assessment, and the outcome should determine if he should return to the workplace.

incensicle

Thank you for the replies. Would he actually be classed as unfit for work, to claim ESA when he has been told he can do some work. Would we have to stop claiming WFTC if he claimed ESA. The trouble is he wants to work. I should clarify they are worried that he could exacerbate his injury, not that he would be a danger to others.