possibly forced to go sick?

bagpuss38

Hi MSE peeps.

Bit a problem and need some answers.

Basically hubby fell asleep briefly at the wheel of his work vehicle.
No major damage just a broken mirrow and sum scratches to the other van.
Anyway he has been to the docs today and they have signed him to desk duties for 6 weeks until he has been tested for sleep aponea (sp)
He has phoned his boss and they said that he may have to go sick as he is employed as a driver.
My question is can his company force him to go sick, which would be really bad for us, or are the obliged to find him alternitive work.


Hope to hear fron you all soon
Nicki

tizerbelle

bagpuss38 wrote: »

Hi MSE peeps.

Bit a problem and need some answers.

Basically hubby fell asleep briefly at the wheel of his work vehicle.
No major damage just a broken mirrow and sum scratches to the other van.
Anyway he has been to the docs today and they have signed him to desk duties for 6 weeks until he has been tested for sleep aponea (sp)
He has phoned his boss and they said that he may have to go sick as he is employed as a driver.
My question is can his company force him to go sick, which would be really bad for us, or are the obliged to find him alternitive work.


Hope to hear fron you all soon
Nicki

The company aren't forcing him to go sick. The doctor has given him a fit note that says he isn't fit enough for his normal duties but could be fit enough for a desk based job. There is no legal requirement for an employer to follow any suggestions for adjustments made on a fit note by a doctor.

It is perfectly reasonable for his employers to say he's a driver, he can't drive and we have no alternative duties for him so as he has a fit note from the doctor he isoff work sick.

bagpuss38

Hi Tizerbelle.


We have spoken to ACAS and they have said that as the note states he is to be put on desk duties, it doesnt state that he off sick.
So the company are legally obliged to offer him an alternative, if they dont he can then take them to tribunal for "unlawful abduction of wages"

MissSarah1972

bagpuss38 wrote: »

Hi Tizerbelle.


We have spoken to ACAS and they have said that as the note states he is to be put on desk duties, it doesnt state that he off sick.
So the company are legally obliged to offer him an alternative, if they dont he can then take them to tribunal for "unlawful abduction of wages"

I think you need to go back to the employer and state that he wants to be in work and is willing to do anything that doesn't put him or anyone else at risk. Surely they have something he can do?

bagpuss38

He has spoken to his boss who is gonna get back to him.

Hubby works for a transport company. i'm sure they can get him to wash buses or something.:(

KiKi

bagpuss38 wrote: »

Hi Tizerbelle.


We have spoken to ACAS and they have said that as the note states he is to be put on desk duties, it doesnt state that he off sick.
So the company are legally obliged to offer him an alternative, if they dont he can then take them to tribunal for "unlawful abduction of wages"

...then ACAS are wrong.

A doctor cannot make a judgement on what work a company may or may not have. How does he know that there is a desk role available? He doesn't.

What the fit note should state is that he 'may be fit for work'. He isn't able to drive, but is able to do desk duties. Ie: "this is what my patient is capable of". It is down to the company to determine whether or not they have suitable work; they are not obliged to provide work if it doesn't exist, and the doctor can't possibly know if such work is available. Of course, they should make an effort, but they can't magic up work if it's not there. The fit note is a point of discussion to agree a way back to work, but ACAS are wrong to say the doctor's recommendation for desk duties is a legal requirement; it's not.

(And it's unlawful 'deduction' of wages, not 'abduction'. That would be odd. Either way, it doesn't apply in this case.)

I hope they manage to find him something.

KiKi

p.s. and if you need a reference for this: http://www.direct.gov.uk/en/Employment/Employees/Sicknessabsence/DG_187161

bagpuss38

Lol sorry kiki, I got it wrong!

KiKi

No need to apologise - ACAS are a bit hit and miss with their employment knowledge.

But as they are a transport company, as you say, they should be able to find him something, so the fact that he may be fit for work is a good starting point for negotiation with the company; make sure your OH makes himself available to do anything required and is flexible in what that might be.

katsu

ACAS have given you incorrect advice (and it would be unlawful deduction from wages, not abduction). His employer is not obliged to give him alternative duties.

Sorry to give you bad news. Maybe he can ask to use some annual leave or see how many hours a week of desk work they might be able to offer him?

ETA - sorry, late hitting post and you got advised already!

colino

The "fit note" is only helpful suggestions from a remote, over-worked GP and the company doesn't have to take any notice of it at all.
I think the most important thing here is to get urgent and specialist investigations going as to why the incident happened in the first place. Health is paramount here and no company that I'm aware of is going to let him back behind the wheel without an absolute resolution.
Best of luck.

bagpuss38

Thank you all so very much for your help and suggestions.
I shall keep you posted.