Questions about employee rights and being on the sick

tinkerfairy

A few months ago my partner was admitted to hospital as he took an overdose. He had almost two weeks off work . He has been back at work since but Wednesday had a day off to attend therapy where they bought up a lot of emotional stuff causing him to overdose that night. The doctor has said to rest for a few days and he can go back to work if he feels upto it .

He went into work today but was sent straight home and his boss drove him home wouldn't let him leave alone. They have told him he's not allowed to go in this week and to see what his gp says. His gp said he can return to work so if they don't believe him this time why will they in a few days . He only gets ssp so only 2 days will be paid, they must know having to survive on about £35 will not add to his problems. What I want to know is if they are refusing to let him work is he not entitled to full pay?

They're also requesting a copy of his medical records which he isn't happy about but if he refuses he will be dismissed .

stowsettler

He needs to go to his GP and request a Fitnote. If his GP agrees that he is fit for work, then they should let him return.
WRT the copy of the medical records - legally he can refuse to allow them to see his records; however if he does refuse access, this means that his employer must make decisions regarding his employment, performance etc without the full facts - and they would be within their rights to do this if they have been unable to see his records.
As a GP practice manager, and therefore having to deal with staff and also having to provide access to medical records in these instances - I would advise you to comply with this request. HOWEVER - on second thoughts, if he is back at work there should be no reason for them to see his notes - unless they are concerned that he has a medical condition which prevents him from doing his job properly and safely.

custardy

I understand your viewpoint.
However given his past actions. The employer is behaving correctly.
If a a therapy session brings on a suicide attempt,then they are right to look for clarification on his medical status.

Undervalued

How long has he been employed?

If his doctor says he is well enough to be at work but the firm won't let him return then this is a medical suspension which should be on full pay.

They can't get "a copy of his medical records" as such (although this phrase is often used). What they can ask for is a report from his doctor about how his illness may affect his work, likely prognosis etc. The doctor can only provide this with his written permission. The doctor will charge a fee. Your husband has a right to see the report before it is sent, discuss it with the doctor and REQUEST changes. However he cannot tell the doctor what to say, it has to be a professional opinion. If he can't agree with the doctor about the contents then a note of his views must be included in the report.

However, if he has been employed less than two years he can be dismissed without any reason. Longer than that he has some limited protection but the firm may well be able to terminate his contract fairly (in law) on medical grounds.

Bantex_2

Don't think I would have much faith in a therapist that manages to trigger a suicide attempt.

Poppie68

His employer maybe thinking of sending him to occupational theraphy which can be of help. Does his mental health problems have an impact on his job, or maybe health and safety implications?

fed_up_and_stressed

Poppie68 wrote: »

His employer maybe thinking of sending him to occupational theraphy which can be of help. Does his mental health problems have an impact on his job, or maybe health and safety implications?

I think Poppie68 means Occupational Health Team not Occupational Therapy.

Undervalued

stowsettler wrote: »

WRT the copy of the medical records - legally he can refuse to allow them to see his records; however if he does refuse access, this means that his employer must make decisions regarding his employment, performance etc without the full facts - and they would be within their rights to do this if they have been unable to see his records.
As a GP practice manager, and therefore having to deal with staff and also having to provide access to medical records in these instances - I would advise you to comply with this request.

Sorry, but this is not entirely accurate - which is surprising given your job.

What you are describing is providing medical records to an occupational health department or consultant. In other words medical professional to medical professional.

As I understand the OP's concern is about confidential information being provided directly to a non medical employer. Under those circumstances the procedure is as I described in my previous post.

There are strict guidelines for doctors producing medical reports for employers. One requirement is that the minimum amount of confidential medical information is disclosed consistent with allowing the employer to understand the implications of the employee's health on their work.

tinkerfairy

Undervalued wrote: »

How long has he been employed?

If his doctor says he is well enough to be at work but the firm won't let him return then this is a medical suspension which should be on full pay.

They can't get "a copy of his medical records" as such (although this phrase is often used). What they can ask for is a report from his doctor about how his illness may affect his work, likely prognosis etc. The doctor can only provide this with his written permission. The doctor will charge a fee. Your husband has a right to see the report before it is sent, discuss it with the doctor and REQUEST changes. However he cannot tell the doctor what to say, it has to be a professional opinion. If he can't agree with the doctor about the contents then a note of his views must be included in the report.

However, if he has been employed less than two years he can be dismissed without any reason. Longer than that he has some limited protection but the firm may well be able to terminate his contract fairly (in law) on medical grounds.

He's been there 13 years. He's worried if he asks for full pay they will dismiss him as they have done with several other employees since he's worked there. They have dismissed 5 people in the last few years because they have been unwell.

Undervalued

tinkerfairy wrote: »

He's been there 13 years. He's worried if he asks for full pay they will dismiss him as they have done with several other !migr!s since he's worked there.

Well, if they did that and he has medical evidence to say he is fit then he would have a strong claim for unfair dismissal.

However, that is not a route to go down if it can be avoided.

bugslet

What's in his contract regarding sick pay? If it states SSP, then I can't see that they would want to give him full pay - partly because it's a cost they don't ahve to incur and partly because it sets a precedent and anyone asking subsequently would be in a position to ask and expect full pay rather than SSP.

He needs to get a fit note from his doctor.

If his boss actually drove him home and stayed with him, it does rather indicate that perhaps he isn't well enough to return? I know the boss isn't medically qualified to make that decision, but something he said or did or his behaviour must have caused worry.