Few H&S queries

Lexxi

Googlewhacker wrote: »

I went on NHS site which just advised that I didn't need to be signed back in, I didn't consider telling main employer as I didn't feel able to go back in there because of heavy lifting duties

That bit confused me more.

I've said all I can that is useful on the situation, talk to ACAS would be my last bit and get their take on it

http://www.nhs.uk/chq/Pages/2559.aspx?CategoryID=190&SubCategoryID=1903 That was all I meant by it, I was reading it the other day - if I'm signed off by the doc then they don't need to sign me back to work.

Thanks for your help, my meeting is before ACAS re-open on Monday so I'll just have to see how it goes.

Zazen999

Lexxi - how long have you been there?

Lexxi

Less than 12 months - so I know I have no legal protection

Googlewhacker

Lexxi wrote: »

http://www.nhs.uk/chq/Pages/2559.aspx?CategoryID=190&SubCategoryID=1903 That was all I meant by it, I was reading it the other day - if I'm signed off by the doc then they don't need to sign me back to work.

Thanks for your help, my meeting is before ACAS re-open on Monday so I'll just have to see how it goes.

That is true but very few employers will let you come back early because it can lead to loads of problems if you have another accident.

A fit for note is there to let your employer know what jobs you are fit for and then it is upto them to decide one way or another whether they can accomidate these changes. If they can then great, if they can't then you are still on the sick but at least they have told you not to come back to work.

it is a bit of a mute point but hope that makes it clearer for you

T800

Lexxi wrote: »

Less than 12 months - so I know I have no legal protection

not quite Lexxi. Whilst you are less protected as an employee under 12 months - it is illegal for an employer to sack an employee for anything related to health and safety in the workplace.

Googlewhacker

T800 wrote: »

not quite Lexxi. Whilst you are less protected as an employee under 12 months - it is illegal for an employer to sack an employee for anything related to health and safety in the workplace.

Proving this is the hard bit though

SarEl

The employer doesn't need to get independant medical opinion - this is not a dispute about your fitness to work. They had accepted that you are not fit to work - they are disciplining you for then proceeding to work elsewhere (whether paid or not) when you claimed to be too sick to work. Which (they will claim) throws into doubt your honesty and the fact that you are injured in the way that you describe. And they have a witness who works for the company who will attest to the fact that your were "working" in the pub - because you opened the door and served them. That is all the evidence that they would need. They don't have to prove that you did this on other occasions, and that you were regularly working there, but it is open to interpretation, by them and by a court, that you may well have been.

You are way beyond ACAS - you will have to take some legal advice, because this does not look good. Sorry.

Lexxi

T800 wrote: »

not quite Lexxi. Whilst you are less protected as an employee under 12 months - it is illegal for an employer to sack an employee for anything related to health and safety in the workplace.

But they're going to get away with it by saying I was working whilst signed off, that'd be different to health and safety wouldn't it?

Can employers visit employees unannounced to assess their activities whilst signed off? They have me on a disciplinary for serving drinks but if I'd have been walking the dog then there would have been little problem. The handbook has nothing about sickness procedure it's a seperate document, would more info be in there?

Googlewhacker

Lexxi wrote: »

But they're going to get away with it by saying I was working whilst signed off, that'd be different to health and safety wouldn't it?

Can employers visit employees unannounced to assess their activities whilst signed off? They have me on a disciplinary for serving drinks but if I'd have been walking the dog then there would have been little problem. The handbook has nothing about sickness procedure it's a seperate document, would more info be in there?

No but if it is a public place they can turn up as and when they like (within opening hours).

Lexxi

SarEl wrote: »

The employer doesn't need to get independant medical opinion - this is not a dispute about your fitness to work. They had accepted that you are not fit to work - they are disciplining you for then proceeding to work elsewhere (whether paid or not) when you claimed to be too sick to work. Which (they will claim) throws into doubt your honesty and the fact that you are injured in the way that you describe. And they have a witness who works for the company who will attest to the fact that your were "working" in the pub - because you opened the door and served them. That is all the evidence that they would need. They don't have to prove that you did this on other occasions, and that you were regularly working there, but it is open to interpretation, by them and by a court, that you may well have been.

You are way beyond ACAS - you will have to take some legal advice, because this does not look good. Sorry.

Sorry I missed this reply, I went back to work at the pub because I felt able to cover that hour, I then decided I didn't want to deal with pepole and closed and locked the doors. Then let a work colleague in after they knocked on the door.
I didn't tell main job because I didn't realise I needed to as I felt unable to carry out the duties I need to do there, I never even thoght it would be an issue.