Can my husbands work refuse to have him back?

sangie595

tomtontom wrote: »

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.

At no point have a stated that the employer does not have cause to suspend on medical grounds. But the OP has been declared fit by their GP, and suspension without pay would be an unlawful deduction of wages. The law does not permit employers to decide not to pay people just because they feel like it. So yes, we do have enough information to make a categorical statement that suspension cannot be unpaid; but not that suspension is not warranted. In fact, given the diagnosis I would consider that a proper medical assessment should be done - sedentary work can impact on spinal stenosis, and at the very least would require consideration of reasonable adjustments. That said, if it is controlled by drugs, there should be no obvious reason to suggest dismissal on medical grounds, and such a dismissal could be unfair.

themull1

ohreally wrote: »

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?

OH said that the arthritis wouldnt improve and he has a lot of other medical issued(all controlled that he's had for years) their opinion was going down the medically retiring route.

He couldnt challenge the content, him and his company got an email at exactly the same time from OH, the reason for the referral was that he had been off for 4 weeks.

He had told his company that he had sent his final fit note down to them, and thats when they said he had to have another medical incase he 'hurt' himself at work. Work hardly reply to emails/phone calls, and when they do they are very short and never ask how he is. Its like they're trying to oust him out.

He's given them full permission to access his medical records, he was advised to do that by CAB,
the OH report said it had to be treated under the disability route. But i dont think it gives my husband any rights really.