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possibly forced to go sick?

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Comments

  • Uncertain
    Uncertain Posts: 3,901 Forumite
    I would also confirm that the advice you have quoted from ACAS is wrong.

    Either you have misunderstood them or, as is sadly all too common, their helpline has give duff information.

    This is an all too regular problem. The helpline is nothing more than a glorified call center with poorly trained people reading from a script. It is no substitute for legal advice.

    As others have suggested, the "fit" note automatically becomes a sick note if the firm can't or won't make the adjustments necessary for the person to be fit for work.
  • stef73
    stef73 Posts: 545 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I was diagnosed with sleep aponea last year i am a flt driver i was signed off unfit to work for 3 weeks then put on alternate duties till it was controlled. Has you husband tried pirinase nasel spray before bed 2 quirts up each nostril and sudafed decongestant tablets the pharmacy only ones with 60mg of phenylephrine hydrochloride about mid morning? This is what my Dr who also has sleep aponea has put me on and so far it works.
  • Thanks for the info stef73

    The doctor has faxed off a referral to the hospital for a sleep test.

    The statement of fitness note says "must not drive" desk work only and says 6 weeks,


    If his employer cannot accomodate him and he has to receive statutory sick pay, does anyone know of any other help we may get to help us until he is allowed to return?
    Statutory sick pay is v low and I'm worried that we will fall behind with the bills.
    I was just getting on top of the debts and now this happens
    SIMPLY BE-££577.11:eek:
    Very BNPL - £353.00:o
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I hope it was not a bus
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    bagpuss38 wrote: »
    My question is can his company force him to go sick, which would be really bad for us.

    Not necesssarily.

    Medical suspension ERA sec 64 http://www.legislation.gov.uk/ukpga/1996/18/section/64

    http://www.legislation.gov.uk/ukpga/1996/18/section/70
    Don’t be a can’t, be a can.
  • Yorkie1
    Yorkie1 Posts: 12,606 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ohreally wrote: »

    That's a useful link but if I read the section correctly, it only applies to the types of illnesses / reasons for suspension on medical grounds listed in subsection (3), and sleep apnoea doesn't come into that list?
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    ohreally wrote: »

    Medical suspension would only apply if his doctor said he was fit for his normal job but the firm said otherwise.

    In this case his doctor says he is not fit for his normal job but maybe fit for other duties.
  • bagpuss38
    bagpuss38 Posts: 705 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Just a little update.

    Hubby went into work today and was told by his boss that there is no work for him and that of course they wont entertain the notion if him driving etc until he has been cleared to drive by the hospital.
    he has an appointment on the 11th october to see a consultant.
    So he is on statutory sick pay until this is resolved.
    not v good news at all :(
    SIMPLY BE-££577.11:eek:
    Very BNPL - £353.00:o
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    bagpuss38 wrote: »
    Just a little update.

    Hubby went into work today and was told by his boss that there is no work for him and that of course they wont entertain the notion if him driving etc until he has been cleared to drive by the hospital.
    he has an appointment on the 11th october to see a consultant.
    So he is on statutory sick pay until this is resolved.
    not v good news at all :(

    As far as I can see they are acting correctly.

    I would suggest you post details on the benefits board where people may know if there are any income related benefits you can claim to "top up" the SSP.

    As far as I know ESA (which has both a contribution based element and an income related part) is only available once SSP runs out at 26 weeks.
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