Questions about employee rights and being on the sick

ohreally

tinkerfairy wrote: »

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

Absolutely not.

What is the employer going to do with them anyway? How would they be handles and what safeguards can be implemented while in their possession.

Undervalued

bugslet wrote: »

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.

Assuming he has no contractual entitlement to company sick pay then the full pay issue only arises if the firm are refusing to allow his return when a doctor says he is fit.

Under those circumstances it is not a case of what the firm "want" or setting a precedent, it is the law!

WestonDave

I think you need to meet the employer half way here. Clearly someone who attempts suicide twice in a few months needs to be considered more carefully than someone who has been off with the stomach bug for a couple of days. The flaw in our system is that if hypothetically the GP had signed him off as unfit for work for 2 months, the employer has no way of finding that out if the employee simply presents for work and hides the sick note. Clearly the employer was concerned enough to stay with him when he was driven home rather than just kick him out and expect him to make his own way home. All considered I think if you want him back in work then that needs to be accompanied by some reassurance for the employer than they are getting back someone that is fit and stable for work.

bugslet

Undervalued wrote: »

Assuming he has no contractual entitlement to company sick pay then the full pay issue only arises if the firm are refusing to allow his return when a doctor says he is fit.

Under those circumstances it is not a case of what the firm "want" or setting a precedent, it is the law!

I think I was assuming after 13 years he would have a contract.

I'm just going by what we would do in those circs, regarding sick pay. If a driver came and asked for full pay, then it would be no because our contract says SSP. Though I'd not be sacking anyone for asking, don't ask, don't get is my theory.

I'm not an employment expert though!:)

bugslet

WestonDave wrote: »

I think you need to meet the employer half way here. Clearly someone who attempts suicide twice in a few months needs to be considered more carefully than someone who has been off with the stomach bug for a couple of days. The flaw in our system is that if hypothetically the GP had signed him off as unfit for work for 2 months, the employer has no way of finding that out if the employee simply presents for work and hides the sick note. Clearly the employer was concerned enough to stay with him when he was driven home rather than just kick him out and expect him to make his own way home. All considered I think if you want him back in work then that needs to be accompanied by some reassurance for the employer than they are getting back someone that is fit and stable for work.

As an employer, I'd want to see either a sick note or a fit note. Ultimately it isn't up to the boss to decide if someone can work, it's up to the medical professionals.

Poppie68

fed_up_and_stressed wrote: »

I think Poppie68 means Occupational Health Team not Occupational Therapy.

:rotfl:
It wouldn't be so bad if i could spell my mistake either....sorry OP i have had my weekly occupational therapy session today and obviously still have it on my mind...

tinkerfairy

bugslet wrote: »

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.

He didn't stay with him just drove him home.

FBaby

He went into work today but was sent straight home and his boss drove him home wouldn't let him leave alone.

So that would indicate that his boss thought he was at risk of danger if left alone? Surely if his GP knew this, he wouldn't consider him fit to work anyway. GPs can only go by what they are told. If he's told his GP he is fine to work, he isn't being honest. He needs to be realistic, if he is not well, he is not well, and looking after himself and getting better to he can go back to work as soon as possible is surely more important than what he might lose financially, especially if he has you as his partner and I assume able to help?

Poppie68

stowsettler wrote: »

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.

Sorry but as a practice manager i would rather think you would know that an employer has no right to see an employees medical records, a GP can prepare a report or complete a questionaire sent from the employer. It would be down to occupational health or another medical professional to request a copy of a patients notes on behalf of the employer and at no time would the employer be allowed to view the notes or have them in their possession...
OP your husband can also ask his employer for a referral to occu health, he may find it very useful.

tomtontom

From what the OP has said the GP has not specifically said he is fit for work, but rather to see how he feels - it is quite reasonable that an employer would want something more explicit than this i.e. a fit note. I would not class this as a medical suspension, if it was we would all turn up at work with goodness knows what knowing we'd be sent home with full pay.