Problem with boss re: off on sick

Danyúl_II

Hi,

My Mum is currently off work due to a problem with her foot - arthritis I think it is - and has a sick note from the doctor saying she currently isn't fit for work for another week.

She had a letter from her boss today saying along the lines of: "I don't want you coming back to work unless you're prepared to do your usual job - I'm not prepared to lessen your duties due to your injury."

Surely he can't do this?

If she wanted she could get a further sick note, but if she takes any more time off she'll not be on normal full sick pay anymore, but rather the statutory sick pay of £80.XX per week; simply not enough.

She'd rather go back to work, and do what what she can until she can use her foot properly, lifting heavy cartons of vegetables etc.

Advice appreciated!

- thx

dmg24

How long has she worked there? Is her condition a long term one?

Danyúl_II

dmg24 wrote: »

How long has she worked there? Is her condition a long term one?

5 years this September.

The condition started about two months ago, and has got worse since. She's on medication for it and signed off work until this Sunday.

Thanks

Premier_2

Her employer has operational requirements and employs people to carry out those tasks.

Depending on a number of factors, including things such as number of employees, size of company, etc, it may not be possible to reschedule others work to carry out the tasks your Mum was originally employed to do but is now incapable of doing. His business may simply not be able to afford to employ someone else in addition to your Mum to carry out the job.

She can ask for different work from her employer, but if, after consideration, the employer can't accomodate that request, he doesn't have to provide it.

Danyúl_II

Premier wrote: »

Her employer has operational requirements and employs people to carry out those tasks.

Depending on a number of factors, including things such as number of employees, size of company, etc, it may not be possible to reschedule others work to carry out the tasks your Mum was originally employed to do but is now incapable of doing. His business may simply not be able to afford to employ someone else in addition to your Mum to carry out the job.

She can ask for different work from her employer, but if, after consideration, the employer can't accomodate that request, he doesn't have to provide it.

Thanks a lot for that, very helpful.

What about these new 'fit' notes? I thought it was now the case that the doctor would say what you can / can't do in the workplace, and the employer has to go along with that.

Or is it more or a recommendation thing, and the employer can choose to ignore it?

Googlewhacker

Dany!l_II wrote: »

Thanks a lot for that, very helpful.

What about these new 'fit' notes? I thought it was now the case that the doctor would say what you can / can't do in the workplace, and the employer has to go along with that.

Or is it more or a recommendation thing, and the employer can choose to ignore it?

The fit for is only a recommendation by the DR and would have to be agreed by the employer, so yes they can ignore it.

If it went further the employer maybe asked why they decided that the Dr's recommendations were not applicable but as I said if the employer feels that the recommendations do not suit the business need then he can decide to ignore them

Judas

The employers stance is probably understandable.

Its work that is easily done by a temp etc hence he can either pay full rate and get full work or pay part rate and get someone not capable of the work.

It is his choice whether he fits into the fit note recommendation but I can see why he might choose not too once someone hits SSP stage as he doesnt really lose out.

If the condition comes under DDA he has to make reasonable adjustments, however, given it sounds like a labour intensive job it remains to be seen what these could be and may actually result in a capability termination.

I would suggest your mother contacts access to work if her longterm prognosis is arthritis.

SarEl

Dany!l_II wrote: »

Hi,

My Mum is currently off work due to a problem with her foot - arthritis I think it is - and has a sick note from the doctor saying she currently isn't fit for work for another week.

She had a letter from her boss today saying along the lines of: "I don't want you coming back to work unless you're prepared to do your usual job - I'm not prepared to lessen your duties due to your injury."

Surely he can't do this?

If she wanted she could get a further sick note, but if she takes any more time off she'll not be on normal full sick pay anymore, but rather the statutory sick pay of £80.XX per week; simply not enough.

She'd rather go back to work, and do what what she can until she can use her foot properly, lifting heavy cartons of vegetables etc.

Advice appreciated!

- thx

Actually he quite possibly can. Even if this condition may be long-lasting (into the future) she won't be anywhere near qualifying for protections under the DDA (not that they are very impressive when you do qualify). Arthritis is a difficult one - in it's extreme it does qualify, but in early stages, which this obviously is, it can get better then worse, then better.... ad infinitum. And "better periods" could be long lasting.

If you want to even think about this, you need to exploit the benefits of the new fitness notes and have the doctor complete one properly. This would mean the GP determining if she would be fit for work if certain conditions, like light duties only, could be arranged. But the recommendation has no force in law, so the employer can refuse to do it. And unless she has already met the threshold for the DDA (which doesn'ty sound to be the case) there is nothing she can do about it.

Danyúl_II

Cheers for the replies, shall deliver the news to her when she's back in later!

Middle_Sister

That's scandalous. She should get the doctor to write saying she couldn't possibly carry out these tasks and she should stay off till she feels 100%. Damn shame.

MrsManda

Middle_Sister wrote: »

That's scandalous. She should get the doctor to write saying she couldn't possibly carry out these tasks and she should stay off till she feels 100%. Damn shame.

That's not actually the OP's problem. Her mum could get another sick note and that is what her employer wants. She wants to go back to work on different duties so that she doesn't lose pay.

To the OP, is there a HR department your mum could talk to see if there was anything she could do to return to work?