Are they right?

Chrissiew

My husband has been off work sick since the end of jan, he is a coach driver and due to having chest pain his GP said he couldn't drive untill he underwent tests to find the cause, his boss said there was nothing else he could do at work so he was given SSP.

After numerous tests and a spell in hospital it was found the cause of his pain was a fatty liver, he was told this is quite common and that he could return to work, this was at the beginning of May, he was given a certificate from his GP telling his employer he was now fit and able to work again, his employer wouldn't accept this and suspended him on basic pay untill they could get him an appointment with a occupational health doctor.

His appointment came through at the end of June and the OT said he didn't understand about the fatty liver thing and although myself and my husband told him it was fairly common and nothing to worry about he wouldn't take our word and said he wanted my husbands medical records which my husband agreed and the OT said he wouldn't declare him fit for work untill he had seen them.

To date the OT hasn't received the records although he has requested them but our GP hasn't had the time to send them but will now get onto it.

Today my husband received an email from his boss stating that because my husband mentioned the fatty liver to the OT and the reason he was off sick was chest pains they now feel this is a new condition and require sick notes again, his GP won't give a sick note as my husband is not sick and is able and willing to work, it's his employer who won't allow him back to work untill the OT says he can go back.

Can they do this? Can they ask for a sick note when his GP has given a note saying he is perfectly fit for work? They have known about his meeting with the OT since June so they have waited nearly 2 months to decide to ask for a sick note.

Sorry about the long post.

sniggings

Sounds as if they have got themselves confused, he needs to remind them that is is offering to work and it is them that are not letting him return so a sick note is not needed.

Wow some people shouldn't leave the house, I feel for you having to deal with people like that.

Chrissiew

Thank you sniggings, the firm is a very small family run business and I think they are regretting suspending hubby on full pay now as they thought his meeting with the OT would be a quick thing and they now can't change what they started.

Sambucus_Nigra

Chrissiew wrote: »

My husband has been off work sick since the end of jan, he is a coach driver and due to having chest pain his GP said he couldn't drive untill he underwent tests to find the cause, his boss said there was nothing else he could do at work so he was given SSP.

After numerous tests and a spell in hospital it was found the cause of his pain was a fatty liver, he was told this is quite common and that he could return to work, this was at the beginning of May, he was given a certificate from his GP telling his employer he was now fit and able to work again, his employer wouldn't accept this and suspended him on basic pay untill they could get him an appointment with a occupational health doctor.

His appointment came through at the end of June and the OT said he didn't understand about the fatty liver thing and although myself and my husband told him it was fairly common and nothing to worry about he wouldn't take our word and said he wanted my husbands medical records which my husband agreed and the OT said he wouldn't declare him fit for work untill he had seen them.

To date the OT hasn't received the records although he has requested them but our GP hasn't had the time to send them but will now get onto it.

Today my husband received an email from his boss stating that because my husband mentioned the fatty liver to the OT and the reason he was off sick was chest pains they now feel this is a new condition and require sick notes again, his GP won't give a sick note as my husband is not sick and is able and willing to work, it's his employer who won't allow him back to work untill the OT says he can go back.

Can they do this? Can they ask for a sick note when his GP has given a note saying he is perfectly fit for work? They have known about his meeting with the OT since June so they have waited nearly 2 months to decide to ask for a sick note.

Sorry about the long post.

I'd email back and say 'they don't do sick notes any more, they do fit notes, and I have one saying I am fit to work, and have been for nearly 2 months. I shall be arriving at work at the normal time tomorrow, and every other day, as I am fit to work.'

sniggings

It does sound if more is going on than just a mix up over sick notes.

I can't see any more he can do, he has a fit for work note, which is all he can get, so if they are trying to get rid of him then it might just be in his best interest to be firm with them, if they are thinking on letting him go this will not change and if not he may get the situation sorted before they confuse themselves any more.

If he has been there a while and may want to bring a case against them for unfair dismissal then I would start sending letters and keeping copies, saying he is ready and willing to work etc

sniggings

Sambucus_Nigra wrote: »

I'd email back and say 'they don't do sick notes any more, they do fit notes, and I have one saying I am fit to work, and have been for nearly 2 months. I shall be arriving at work at the normal time tomorrow, and every other day, as I am fit to work.'

they do sick notes and fit for work notes.

Sambucus_Nigra

sniggings wrote: »

they do sick notes and fit for work notes.

http://www.direct.gov.uk/en/Employment/Employees/Sicknessabsence/DG_187161

sniggings

Sambucus_Nigra wrote: »

http://www.direct.gov.uk/en/Employment/Employees/Sicknessabsence/DG_187161

I still get sick notes from my Doctor, I too thought they were done away with but seems not.

dickydonkin

It is possible that the OP's employer is erring on the side of caution - bearing in mind the occupation of the OP's husband.

I would probably as cautious if my business could be compromised by bad publicity following a driver taking a wobbler at the wheel.

Killing and injuring your customers and having the images of one of your coaches wrapped around a tree trunk emblazoned in the media
is just bad for business.

System

Our employment contracts state that the company reserves the right to seek a second or specialist opinion on medical matters (paid for at firm's expense).

Their action seems perfectly reasonable to me. If an employer has doubt about an employee's fitness for work, it has a duty to investigate further.

sniggings

Clifford_Pope wrote: »

Our employment contracts state that the company reserves the right to seek a second or specialist opinion on medical matters (paid for at firm's expense).

Their action seems perfectly reasonable to me. If an employer has doubt about an employee's fitness for work, it has a duty to investigate further.

I think reading the OP they would agree, I think the point of the thread was being asked to provide another sick note when the guy has already been past as fit for work, he is unable to provide what they are asking, which was the whole point of this thread