Can an employer do this?

Chrissiew

I've posted about this before but need to ask some question, hope someone can help.

My Husband has been off work sick since Jan, our GP declare him fit for work in June, I believe it was, but his employer wouldn't accept the fit note from the GP and said he would have to see an OHT, he did see one twice, one of the things his GP did find was my husband has an enlarged liver but said this was fine and would not stop him from working, the OHT was a bit dubious about the liver thing and said this to the employer, who then said my husband would now have to get a sick note, they were paying him full pay while on suspension.

He can't get a sick note as he's not sick! He received a letter today from his employer asking him to go to a meeting on wed. They want to discuss wether he is likely to be able to return to work, and if the company decides he is unable to return to work for health reasons then they may dismiss him with notice or pay in lieu of notice.

Legally can they decide he is unfit to return to work because the OHT states he is concerned about the enlarged liver? Can they dismiss him if they feel he is unable to do the job due to health reasons? And what is pay in lieu of notice?

maninthestreet

With a fit note from his doctor, I don't see how they can say he is not fit for work.

Chrissiew

maninthestreet wrote: »

With a fit note from his doctor, I don't see how they can say he is not fit for work.

That's what he keeps telling them but they are taking what the OHT says and ignoring what the GP says.

Uncertain

Chrissiew wrote: »

Legally can they decide he is unfit to return to work because the OHT states he is concerned about the enlarged liver?

Possibly yes but where there is a difference in medical opinion it would be usual to seek another doctor's view.

Chrissiew wrote: »

Can they dismiss him if they feel he is unable to do the job due to health reasons?

Yes. Obviously this would be open to challenge with conflicting medical opinions.

Chrissiew wrote: »

And what is pay in lieu of notice?

He would be entitled to one weeks notice for each year of service up to 12 (or more if specified in his contract). The firm could opt to pay him for this rather than let him work - hence pay in lieu of notice.

If his doctor says he is fit to work but the firm won't let him then this is a medical suspension and must be on full pay. Sickness pay rules do not apply under these circumstances.

I would suggest that your husband explains clearly to them that his doctor feels he is fit to work. I would ask your doctor to write a letter in support of this view (he may charge a fee). If the firm won't accept this then ask for a second (i.e third) opinion from a consultant occupational health physician.

Chrissiew

Uncertain wrote: »

Possibly yes but where there is a difference in medical opinion it would be usual to seek another doctor's view.



Yes. Obviously this would be open to challenge with conflicting medical opinions.



He would be entitled to one weeks notice for each year of service up to 12 (or more if specified in his contract). The firm could opt to pay him for this rather than let him work - hence pay in lieu of notice.

If his doctor says he is fit to work but the firm won't let him then this is a medical suspension and must be on full pay. Sickness pay rules do not apply under these circumstances.

I would suggest that your husband explains clearly to them that his doctor feels he is fit to work. I would ask your doctor to write a letter in support of this view (he may charge a fee). If the firm won't accept this then ask for a second (i.e third) opinion from a consultant occupational health physician.[/QUOTE


Thankyou so much for that, it's very helpful and I guess we will just have to wait and see how it goes on Wednesday