Not sure what's right

Chrissiew

My husband has been off work sick for 5 months due to being investigated for chest pain, he is a coach driver so was not allowed to drive untill all investigations were complete, he was given the all clear by the hospital and GP on tues and given a fit to return to work note.

The company is a small family run business, they have said he will not be allowed back to work untill he has seen an occupational health specialist, they don't have their own so will have to hire one, this has never been company policy before and is not written into the staff contracts, what can a OT do that a gp or consultant can't? Both the GP and consultant know what job he does, they have both said he is now fit to do that job so could a OT say he isn't? And what happens if he/she does say that? Will he get medically retired or what?

Also he has been on sick pay for the last 5 months, as he is no longer classed as sick what happens? Does his employer have to give him full pay even though he's not working? It's not his fault they won't let him back so surely they would have to do that, it could take weeks to get to see an OT so we can't live on nothing and he can't claim benefits as technically he is in full time work, it's so confusing.

getmore4less

What does his contract say about pay.

if they can lay off or short time then they can probably get away with reduced pay.

I thought benifits were based on income not employment status.

I think one important thing is to turn up for work.

antrobus

Chrissiew wrote: »

...
The company is a small family run business, they have said he will not be allowed back to work untill he has seen an occupational health specialist, they don't have their own so will have to hire one, this has never been company policy before and is not written into the staff contracts, what can a OT do that a gp or consultant can't? ...

Absolve the business from any legal liability and satisfy its insurers?

Chrissiew

getmore4less wrote: »

What does his contract say about pay.

if they can lay off or short time then they can probably get away with reduced pay.

I thought benifits were based on income not employment status.

I think one important thing is to turn up for work.

I will have a look at the contract, thanks

He can't claim ESA as he's fit for work and he can't claim JSA as he's got a job, he went in yesterday to say he would be at work on Monday at 7am and was told he had been suspended untill he'd seen the OT so there would be no work provided for him

Chrissiew

antrobus wrote: »

Absolve the business from any legal liability and satisfy its insurers?

Ah right, well it's a policy they have only just introduced, they've had staff go off sick before for a few months and one was off for over a year and all they required was a fit note from the GP and consultant.

To be honest they have been trying to get rid of him for about 4 years now, they made some redundancies but didn't want to do it to him as he's been there for 13 years and they didn't want to pay out the redundancy money so got rid of those who have been there a year or less.

They give him all the worst jobs, make him clean the coaches by hand, and give the abroad jobs to the other 6 drivers and never him, it's because he started to complain about working conditions, having to clean sick off the coach with no proper equipment provided, having to go into the coach work garage when they are revving the engines and keep the door shut so there's no ventilation, he sufferes COPD so that makes it awful for him, they can't sack him so are trying to make it unbearable for him to work there so he leaves, but he won't do that.

Judith_W

May be worth keeping an eye on H&S breaches - cleaning bodily fluids i.e. sick without appropriate safety gear, poor ventilation etc, in case he has to leave because it gets so bad and can do them for constructive dismissal.

He would need to write to them to complain about the breaches though.

Would COPD come under the disability discrimination act as they would have to make appropriate alterations for him then?

dickydonkin

Judith_W wrote: »

May be worth keeping an eye on H&S breaches - cleaning bodily fluids i.e. sick without appropriate safety gear, poor ventilation etc, in case he has to leave because it gets so bad and can do them for constructive dismissal.

He would need to write to them to complain about the breaches though.

Would COPD come under the disability discrimination act as they would have to make appropriate alterations for him then?

Bad advice in respect of 'doing them' for constructive dismissal - don't even go there.

I am wondering if the OP is looking too much into this. As an earlier poster mentioned, there may insurance implications and the employer is possibly conforming to those requirements.

I am unsure if the OP's husband's ailment is notifiable to the DVLA in respect of driving coaches - but if I was the owner of a coach company, I would certainly make sure that my drivers were fit and competent as injuring or killing your customers on the highway is bad for business!

Rather than being suspicious, the provision of an OH specialist is perhaps a belt and braces strategy. A OHS will actually assess what the job entails and how it may affect the OP's partner.

I would wait and see what the OH person concludes and take it from there.

zzzLazyDaisy

If your OH's medical advisers say he is fit for work, but the employer refuses to allow him to return to work until they have further investigated his health/fitness for work, that amounts to a suspension from work on medical grounds and he is entitled to full pay.

See here for more information

http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_10026595

Your OH can get further information from ACAS, but he should make it clear that he is seeking assistance in a dispute between himself and his employer with a view to avoiding employment tribunal proceedings, and ask to speak to a concilliation officer (in other words, don't just rely on the telephone advice line, as their advice can be hit and miss).

In the meantime, you should seek advice about any entitlement you may have to income support, LHA, etc while your employer is refusing to pay his wages. I can't help you with that, but you may get some answers on t6he benefits forum, or alternatively make an appointment to see a CAB adviser.

HTH

Dx

Chrissiew

zzzLazyDaisy wrote: »

If your OH's medical advisers say he is fit for work, but the employer refuses to allow him to return to work until they have further investigated his health/fitness for work, that amounts to a suspension from work on medical grounds and he is entitled to full pay.

See here for more information

http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_10026595

Your OH can get further information from ACAS, but he should make it clear that he is seeking assistance in a dispute between himself and his employer with a view to avoiding employment tribunal proceedings, and ask to speak to a concilliation officer (in other words, don't just rely on the telephone advice line, as their advice can be hit and miss).

In the meantime, you should seek advice about any entitlement you may have to income support, LHA, etc while your employer is refusing to pay his wages. I can't help you with that, but you may get some answers on t6he benefits forum, or alternatively make an appointment to see a CAB adviser.








HTH

Dx

Thank you very much, if the OT says he is unfit to do the job even though the medical people say he is, what happens then?

ohreally

Further to zzzLazyDaisy's post

Employees suspended by their employer on medical grounds because of a statutory requirement are entitled to medical suspension pay (section 64, ERA 96).

http://www.legislation.gov.uk/ukpga/1996/18/part/VII/crossheading/suspension-on-medical-grounds

Employees who have been refused medical suspension pay must lodge their claim with the tribunal within three months (section 70, ERA 96).


What is OT?

Chrissiew

ohreally wrote: »

Further to zzzLazyDaisy's post

Employees suspended by their employer on medical grounds because of a statutory requirement are entitled to medical suspension pay (section 64, ERA 96).

http://www.legislation.gov.uk/ukpga/1996/18/part/VII/crossheading/suspension-on-medical-grounds

Employees who have been refused medical suspension pay must lodge their claim with the tribunal within three months (section 70, ERA 96).


What is OT?

OT is occupational therapist, thanks for the info will look into it