Medical suspension ... or not?

Tygermoth

I have done a search and seen the 2010 thread regarding medical suspension/fit notes/adjustments but i am still none the wiser...

Very short version:

I was injured in accident which affected my mobility. Signed off for two weeks (Dr informed me my injury would require 6/8 weeks if however if it needed surgery, which was borderline, 6 months recovery time). After five days work called me up advised me that sick pay was discretionary and as I did not require surgery they would not pay me full sick pay and moved me over to SSP.

Totally aware that sick pay is discretionary so I sucked it up.

After the two weeks GP/Physio were very unhappy with me because I couldn't afford to be on SSP any longer and went in to work. I lasted two days. My GP was very very smug when I went back in to her. She advised I was fit to work from home (which I was and can do) Work refused.

Which I am also aware they can do.

Confused me though as I can and have done my job from home and been shown to be super productive but management used the term ‘you are either fit or you are not’ They also advised me that I would be kept on SSP.

Now that DID get my goat. I was happy to work, GP agreed working from home was good. Occi health concurred as did HR. But management decided no and I was going to be placed in financial hardship because of this.... seems really unfair.

I had a really rushed Appt with CAB as they were running very very late (and help on another forum) where I was advised I should have full pay as I had been medically suspended. However HR have come back to me and advised that I was not fit for my ‘normal work’ therefore I was off sick therefore SSP was due and it was NOT a medical suspension as that only relates to exposure to chemicals or hazardous substances.

Could I have your thoughts on the matter, please?

Tygermoth

what's really irritating in this is i normally have a fund for this type of thing but as our Landlord sold the house we were living unexpectedly the fund was used to cover the move to a new house, fees and deposits.

jacques_chirac

If you are not classed as disabled (on the information given it does not appear that you are) then there is no duty to offer adjustments/ alternative duties. You are not fit for your normal role, hence you are on sick leave. Medical suspension applies mainly to pregnant women and those working in hazardous environments.

Undervalued

Tygermoth wrote: »

I had a really rushed Appt with CAB as they were running very very late (and help on another forum) where I was advised I should have full pay as I had been medically suspended. However HR have come back to me and advised that I was not fit for my ‘normal work’ therefore I was off sick therefore SSP was due and it was NOT a medical suspension as that only relates to exposure to chemicals or hazardous substances.

I'm afraid your HR are largely correct (except for the "only" in last bit).

You are not fit for your normal duties. Your employer is not obliged to agree to the doctor's suggestions and can opt (as they have done) to treat you as off sick.

If you had a disability (for employment law purposes) then the firm would have to make "reasonable adjustments". Even then they might be able to argue that it was not "reasonable" to follow the doctor's suggestions. I suspect they might struggle but that is moot anyway.

Not what you want to hear I'm afraid but that's the law.

Takeaway_Addict

They've not medically suspended you as they are saying that you can come and work if fit, if not then its SSP. Working at home is asking for a reasonable adjustment and unless you are covered under the equality act 2010 they don't even have to consider this.

Though, why can you work at home and not work? Are you not doing the same duties?

Tygermoth

Hi All, I do have a number of disabilities (known to my Employer) however they had little impact on the 'injury' only that it made it harder for me to mobilise so i will assume that they will argue that my disability should not factor into the matter.

I can, do and have worked from home. no adjustment was needed to allow me to work from home. My manager was happy to allow me to work from home. The department head refused as 'you are either off sick or you are not' and refused to agree to any of the recomendations of HR Occi health and GP.

Its done great for managing my absence though.... I am back to work three weeks before I should be and suffering for it. sigh.

System

I am back to work three weeks before I should be and suffering for it. sigh.

But aren't you doing the same work at work that you would do at home? If so, why does physically being in work doing those tasks affect you more than doing them at home?

Takeaway_Addict

!!!!!! wrote: »

But aren't you doing the same work at work that you would do at home? If so, why does physically being in work doing those tasks affect you more than doing them at home?

some people don't like answering straight questions...

ohreally

This isn't medical suspension.

Was the injury sustained during the course of your job?

Tygermoth

At home I was not up 7 floors. The loo is on the bottom floor through double fire doors. I didn't need to struggle to have a shower get ready and sort a packed lunch before having clamber on and off public transport. could get a drink, or go for a pee with ease. It was a trek before getting to work.

I also could do all my physio exercises with ease and have my leg raised which they couldn't do in the office. Frozen peas and heat packs could be administered too.

tomtontom

Tygermoth wrote: »

At home I was not up 7 floors. The loo is on the bottom floor through double fire doors. I didn't need to struggle to have a shower get ready and sort a packed lunch before having clamber on and off public transport. could get a drink, or go for a pee with ease. It was a trek before getting to work.

I also could do all my physio exercises with ease and have my leg raised which they couldn't do in the office. Frozen peas and heat packs could be administered too.

I'm assuming there is a lift between floors? Could a colleague or friend give you a lift to work, even if just picking you up at the bus stop? If you're struggling to have a shower then a good flannel wash will do the job, and as for the packed lunch, surely you would have to prepare a meal at home?