Occupational health..fit note....Manager threats..

corleone9

Hi, after some advice, if anyone's been in a similar situation etc.
Work for a very big UK company. I had a knee op last month been off work since, currently have a fit note from doctor saying to remain off work.
Been going and seeing occupational health regular in the last month, have Been seeing the physio in their department. She recommended in her opinion last week that I could return to work on a phased return. I work in a factory, machine op on my feet.
Manager rings me and tells me if I don't return to work on Monday he will stop my sick pay ( I have no issue with this) but then goes onto say Occ Health have final say, and that if I don't return to work it will be classified has a unauthorised absence. And will face disciplinary action.
So a physio who's qualifications I don't know, as overruled the advice of my doctor without even writing to him. The company have not given me any medical report in writing.
Any help would be appreciated. They can stop my sick pay but I find the disciplinary action unfair.
Thanks for any help.

dancingfairy

Hi. Generally I would have though a phsyio would be more qualified to determine what you can/can't do as that is there specialist area. I would expect them to be qualified. Are they actually treating you or have they just been assessing you as this could make a difference.
What are they recommending in returns to a phased return? Are they planning to assess you regularly to see how it is going?
With regards to your doctor have they referred you to any kind of physio/rehabilitation at all?
I'm not sure what the procedure is if you disagree with Occ. health.
Maybe a look on the ACAS website will give some ideas?
Hopefully others who know more about this will be able to help later.
df

ohreally

Is your attendance with occupational health due to a management or self referral? You are entitled to see their report, may be an idea to make this request to establish their thoughts on the matter.

Is the physio disputing your GP assesement of your condition? Is this physion NHS or provided by your employer?

chriswatts

An employer can disagree with a doctor or occupational health if they wish, but it may have legal repercussions later in regards to employment tribunals and compensation claims for injuries that have occurred due to the illness, particularly if they haven't carried out a risk assessment.

Further info on sick notes is available here https://www.gov.uk/government/publications/fit-note-guidance-for-employers-and-line-managers

Further more a lot of illnesses can be classified as temporary disabilities which the employer has a legal responsibility to make adjustments for under the Equality act.

Depending on your terms and conditions an employer can stop your company sick pay but they can't stop statutory sick pay.

corleone9

It's a referrel by management. I have been seeing the same work physio since and before the knee op. (Occupational physio payed for by company) They have given me exercises to do so are treating and assessing me. It's a phased return of six hours a day, I work 12 hour shifts, the work physio will be seeing me during this phased return period.
I have managed to get the email sent to the manager by visiting occ health. (In the email the work physio refers to the wrong knee being operated on.)
I wanted a signed report from the work physio giving her opinion, so if I go to work and can't cope, I got something to fall back on has she decided not to take the advise of my GP. I am also seeing a NHS physio since my operation.

chriswatts

The report your employer received from the occupational physio would be covered by the data protection act and thus you can submit a subject access request to obtain a copy.

indsty

Are you concerned about going back to work for any length of time, or are you concerned that 6hrs will be too long. Have you voiced your concerns to the physio - if she is monitoring your return will she be sympathetic to shorter hours to begin with and to work up more gradually.
Your OH and physio are more knowledgeable about your particular work situation than your GP. See if you can come to a better understanding with them. A phased return is just that - a return in phases, and sometimes the phases have to be adjusted to suit capabilities. Nobody will want you to return too soon and delay your full recovery.

corleone9

indsty wrote: »

Are you concerned about going back to work for any length of time, or are you concerned that 6hrs will be too long. Have you voiced your concerns to the physio - if she is monitoring your return will she be sympathetic to shorter hours to begin with and to work up more gradually.
Your OH and physio are more knowledgeable about your particular work situation than your GP. See if you can come to a better understanding with them. A phased return is just that - a return in phases, and sometimes the phases have to be adjusted to suit capabilities. Nobody will want you to return too soon and delay your full recovery.

The manager didn't give me a chance to say I was concerned about the amount of hours and also if I could do something desk based. Just said if you not in sick pay stops and it will also get treated as a unauthorised absence. Also sent this in writing but I didn't refuse to come in which he says in a company letter.
Also other concern if I go in and struggle go home it will get treated as another absence. If I had the signed medical report from the physio, I would have a little bit of protection. Or if the physio sent this to my GP.

ohreally

corleone9 wrote: »

Work for a very big UK company. I had a knee op last month been off work since, currently have a fit note from doctor saying to remain off work

corleone9 wrote: »

Manager rings me and tells me if I don't return to work on Monday he will stop my sick pay ( I have no issue with this) but then goes onto say Occ Health have final say, and that if I don't return to work it will be classified has a unauthorised absence. And will face disciplinary action

Are you a member of a trade union? I'm guessing if its a large factory there will be union recognition.

Try and obtain conformation from him (by email), of the content of his conversation with you, especially if you are being pressured into returning before you are fit enough and you end up suffering further injury.

Errata

Is there any sound medical reason why you are being continually assessed and treated by two separate physiotherapists?

corleone9

Errata wrote: »

Is there any sound medical reason why you are being continually assessed and treated by two separate physiotherapists?

No nhs physio that's a follow on from my knee op, they have all my clinical details. At the end of the day my employers pay for the occupational physio. And in my opinion will support the employer more.