Can my husbands work refuse to have him back?

themull1

My husband went on the sick, and had to have an Occupational Health Report. The OH Report said he was unfit for work, but they are trying to get rid of staff anyway, and the OH are paid by the company.

His Doctor has signed him fit for work, but his company are saying they don't want him to return to work until he goes for another medical. Are they allowed to do this, and stop his wages, or do they have to pay him?

sangie595

If the doctor has signed him back as fit for work then this would be a medical suspension and should be paid. The company can insist that he undergoes a medical - the GP doesn't necessarily have the expertise of the employment to know whether he is fit for a specific job or not - but they must pay him if they refuse to allow him to return pending the outcome of a medical.

themull1

Is there some law/information somewhere that my husband can show the company in case he doesn't get paid.?

sangie595

themull1 wrote: »

Is there some law/information somewhere that my husband can show the company in case he doesn't get paid.?

It's here http://www.legislation.gov.uk/ukpga/1996/18/part/VII

themull1

Thank you so much.

ohreally

Paid medical suspension (S64) is implemented where there is a statutory requirement, I suspect his employer may argue this isn't the case here.

sangie595

They may argue it, but if it went to tribunal then they would lose. A GP has certified someone as fit for work. There are no grounds to refuse to pay someone if the employer is refusing to provide work based on a decision that they want another medical report. Of course, the key point is whether it goes to a tribunal - as with anything, an employer can only be forced to do something by a court, and if people are unwilling to take that step - often for perfectly understandable reasons - then nothing can be done about it.

tomtontom

sangie595 wrote: »

They may argue it, but if it went to tribunal then they would lose. A GP has certified someone as fit for work. There are no grounds to refuse to pay someone if the employer is refusing to provide work based on a decision that they want another medical report. Of course, the key point is whether it goes to a tribunal - as with anything, an employer can only be forced to do something by a court, and if people are unwilling to take that step - often for perfectly understandable reasons - then nothing can be done about it.

The employer may have valid reasons for requiring a specialist input before allowing the employee to return. We don't have sufficient information to make such a categorical statement.

ohreally

Was the GP's opinion influenced by your husbands request to be declared fit for work?

What was OH's reason to state he was unfit for work?

What is he employed as and why was he signed off in the first place?
Is there an alternative job he can be assigned to?
is he a union member?

themull1

ohreally wrote: »

Was the GP's opinion influenced by your husbands request to be declared fit for work?

What was OH's reason to state he was unfit for work?

What is he employed as and why was he signed off in the first place?
Is there an alternative job he can be assigned to?
is he a union member?

Athritis in spine

sales

no alternative job

no union

He's on tablets and feels as though he could go back, because his work is making people redundant, i think they are trying to medically retire him without having to pay him anything. I thought emloyers had to take the reasonable adjustment route first?

ohreally

Given the sedentary nature of his job I'm not sure what a further medical will bring to the table.

What was the thoughts of the individual who conducted the last assessment, why unwilling to state fit for work?

Did he consider challenging/ discussing the content of the report before it was submitted to management?

Was the reason for the referral discussed beforehand and consent agreed?