Questions about employee rights and being on the sick

Poppie68

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 employees since he's worked there. They have dismissed 5 people in the last few years because they have been unwell.

I would think if they have just simply fired these 5 for being unwell they would probably of had 5 unfair dismissal claims against them. They may of been medically retired for instance, people don't always know the facts when someone leaves or are sacked and the rumour mill runs amok.
In addition they can't sack him for asking, but sometimes people with problems like your husband are not always truthful and he maybe telling his GP and employer different things...

ohreally

stowsettler wrote: »

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.

In this case the employer should engage the services of an occupational health provider. In no circumstances should they have direct access to this sensitive information.

tomtontom

Poppie68 wrote: »

I would think if they have just simply fired these 5 for being unwell they would probably of had 5 unfair dismissal claims against them. They may of been medically retired for instance, people don't always know the facts when someone leaves or are sacked and the rumour mill runs amok.
In addition they can't sack him for asking, but sometimes people with problems like your husband are not always truthful and he maybe telling his GP and employer different things...

And his partner ...

OP, are you sure nothing happened at work, perhaps he became upset or said something concerning?

tinkerfairy

tomtontom wrote: »

And his partner ...

OP, are you sure nothing happened at work, perhaps he became upset or said something concerning?

As far as I know nothing happened. They called him in as soon as he clocked on bad the letter was dated for the day he rang and told them he overdosed last week. So they decided thus without even talking to him.

Anyway turns out the worry of loosing his job has pushed him one step closer to the edge again. He is fine when he's working it takes his mind off things .

Just over a week ago he left work early due to a bad migraine and they didn't believe that's what was wrong so I'm assuming this might be playing a part in their action.

bugslet

Tinkerfairy, I think I'd be worried about anyone coming back in a week if they had tried to overdose.

Poppie68

tinkerfairy wrote: »

As far as I know nothing happened. They called him in as soon as he clocked on bad the letter was dated for the day he rang and told them he overdosed last week. So they decided thus without even talking to him.
What letter?
Anyway turns out the worry of loosing his job has pushed him one step closer to the edge again. He is fine when he's working it takes his mind off things .

Just over a week ago he left work early due to a bad migraine and they didn't believe that's what was wrong so I'm assuming this might be playing a part in their action.

To be honest i wouldn't of thought that someone that has been pushed closer to the edge again is fit for work at all. While he thinks he is fit enough to go to work his mental illness and any potential work related stress could be a trigger.
Has he looked at his contract, if he hasn't got a copy he needs to request one or just ask regarding their sick pay policy they may pay full pay for a certain amount of time and then half pay for the same. If they only pay SSP maybe HB and other means tested benefits maybe a possibility for the time he is off.
Do you work? if you do can you request extra shifts/hours?

If he is struggling with his counselling sessions and other issues he could benefit from a spell as an in patient in a mental health facility where he will get 24 hour help, if i was you i would be phoning his GP asap and discussing your worries and concerns, due to the nature of his illness they will discuss the problem to a certain degree with you. Bills can wait, things can be pawned or sold to provide the household with food etc his health is more important.

FBaby

I would very much doubt a boss would insist on taking time off to take home an employee just because of an issue of a wrong date in the letter. It's one thing to offer but to actually do it is another.I would very much doubt that nothing happened at work to prompt his boss to take him home.

stowsettler

Undervalued wrote: »

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.

No, what I write is by and large accurate. An employer is entitled to ask an employee to attend an OH appointment AND they are entitled to request a report from their GP as per your final paragraph. I admit I was generalising in my first post by saying 'medical notes'; however from the patient's point of view the effect is often much the same.

Tiddlywinks

stowsettler wrote: »

No, what I write is by and large accurate. An employer is entitled to ask an employee to attend an OH appointment AND they are entitled to request a report from their GP as per your final paragraph. I admit I was generalising in my first post by saying 'medical notes'; however from the patient's point of view the effect is often much the same.

Eh, no it isn't.

Medical notes are contemporaneous and situations and conditions change over time. Those notes will NOT be included (as in copied) to the employer.

The GP will write a summary report which should be accurate and relevant at that point in time and all content agreed by the patient before submission to the employer's representative.

The employee has every right to refuse the release of sensitive personal data and the GP has an absolute obligation to protect that data in accordance with the law. That means s/he will not just copy records and send them to a third party because they request it.

tinkerfairy

The GP sent the medical report off about 4 weeks ago. DH saw GP Thursday who recommended he return to work, said it would do him good and gave him a fit to work note. He wrote on there he recommends he starts 2 days a week then gradually builds up returning to full time in 6 weeks. My DH rang his employer this morning to discuss when he can go back but his employer said it seems a bit drastic and will need to read the note and the report again then ring dh back later today or tomorrow. We're not sure what this means but has certainly got us a bit worried.