Not sure what's right

ohreally

Chrissiew wrote: »

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

Any mileage in your husband requesting a meet to discuss how a return to work can be arranged at earliest opportunity?

zzzLazyDaisy

Chrissiew wrote: »

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?

That's not liekly to happen. It isn't the OHA's job to decide that in the face of an employee who is willing and able to return to work with the support of his medical advisors. It is more likely that the OHA will carry out a risk assessment and/or check with OH's medical advisers whether there is any ongoing health issue that might require adjustments to the employers working practices to enable him to return to and stay in work.

But to answer you question, if OHA finds that he is not fit for work in despite medical evidence to the contrary, this is likely to result in OH being dismissed for being unable tpo do his job on health grounds - which would give rise to an employment tribunal claim for unfair dismissal which, on the facts as you have presented them, the employer would almost certainly lose, unless they could show clear evidence that he is unable to do his job - eg that his medical condition prevents him from holding a driving licence to drive coaches. But I am presuming that his medical advisors have been made aware of his job and have not raised asny concerns about this?

ohreally

I'm aware of a couple of bus drivers who developed chronic health conditions (one was diabetes) - the employer, by means of compensation, "bought out" their contracts and redeployed them into other positions.

zzzLazyDaisy

The employer has a duty to look for and offer alternative employment to someone who by virtue of an illness amounting to a disability is no longer able to carry on doing the job they are employed to do. Here I am using the term 'disability' in its broader sense as it applies to employment law.

With drivers it is often the case that they don't have sufficiently transferable skills, but that would certainly be an option worth pursuing if he is found to be unfit to drive in his job. However, that is a big leap - for the moment his medical advisers are saying he is fit to return to work. If the employer believes otherwise they must justify this by reference to convincing medical opinion. Few consultants will over-rule the professional opinion of another consultant about their own patient.

OP I suggest that you take one step at a time and keep posting.

Dx

Chrissiew

Thank you so much for your help it's been enlightening to say the least.

The whole problem started when my husband got chest pains, he went to his GP who said he couldn't drive incase it was heart problems, it took 2 months to get an appointment with the cardiologist and their treadmill machine broke down so they couldn't do the stress test but all other tests came back fine so in their professional opinion there was no heart problems and after further tests it turned out to be an enlarged liver which is no risk to driving at all, my OH told his boss but she said he could not go back untill he had the stress test which would make it 100% sure, so our GP had to send further sick notes which stated that the investigations were on going but my OH was perfectly able to carry out non driving duties, his boss said they had nothing for him.

He finally got the stress test and it was all clear, the cardiologist sent the report to our GP and she gave OH a fit not as there was no medical reason whatsoever keeping him from driving.

His final SSP was paid on the 18th so next Friday he should get full pay, that's our hope anyway but his boss seems to be bringing in new policies since my husband has been off sick, like a back to work interview which he hasn't been given an appointment for, and the OHT which no one else has had to see, one driver was off for a year with a brain tumour and was allowed back as soon as he gave a fit note from his GP, another one has sleep apnea and uses a portable CPap machine, he didn't have to see a OTH or have a back to work interview after being off work sick for 8 months so it seems very strange at the moment.

Savvy_Sue

Chrissiew wrote: »

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.

Honestly? He didn't think that while he was off sick but perfectly capable of job hunting that that would be a worthwhile thing to do?

Chrissiew

Savvy_Sue wrote: »

Honestly? He didn't think that while he was off sick but perfectly capable of job hunting that that would be a worthwhile thing to do?

He's got a job, been in the same one for 12 years, hes 55 years old, has COPD and diabetes, not very likely any one would take him on is it? He has a private pension so if he is sacked he would just retire early so wouldn't be taking money from the state if that's what your worried about, he has done nothing wrong so why should he just leave?

zzzLazyDaisy

Chrissiew wrote: »

He's got a job, been in the same one for 12 years, hes 55 years old, has COPD and diabetes, not very likely any one would take him on is it? He has a private pension so if he is sacked he would just retire early so wouldn't be taking money from the state if that's what your worried about, he has done nothing wrong so why should he just leave?

There is no reason why he would leave, and no reason why he would be job hunting when he has a job. While he was off sick under medical investigation, he was not fit for work. Now he is fit to return to his own job.

Also it is not unusual - and perfectly acceptable - for the employer to carry out a return to work interview, most large empoyers do this and it is considered to be good practice. Similarly an employer may well ask for input from an OHA when an employee has been off work for an extended period. So far the employer is not doing anything wrong, these are acceptable working practices.

What is not acceptable is to refuse to allow the employee to return to work, and also to refuse to pay him. But so far (if I understand things correctly) the employer hasn't refused to pay him? It may well be that he gets his normal pay while he is waiting to see the OHA and to have the return to work interview.

getmore4less

You may find that when the employer realizes they should be suspending on FULL pay they accelerate the process.