Can an employer dictate how you commute?

sangie595

I think the employers problem is that they have been advised by their own medical people that the OP shouldn't drive. If something happened on the commute and the OP said they had no choice but to drive to work, or that they were expected to do so, it could get very messy for the employer. From where they are sitting, they don't know what the OP has said to their GP, or if the advice is accurate. And the brief passing out happened at work already.

To be fair, the last person who briefly felt faint at work and didn't tell the GP the entire truth (or their employer) was driving a bin lorry at the time it caused a tragedy. Damned of you do, famed of you don't. An employer might be persuaded to err on the side of whatever their OH tells them.

Taiko

Indeed, although I'm not entirely sure about obtaining a good reference anyway. I've probably been a bit tricky at times, and spoken up when I've noticed problems that it transpired they'd ignored for periods to time, some of which were/still are pretty serious. The role recruited for was nothing like the job description though, and the resources to do the job to the best of my ability have never been there! Had mentioned that to them for a few months though, but not interested!

Thanks for the guidance all!

littleboo

Does your employer have an occupational health service ?

sangie595

Yes. The first post said it was them who told the employer the OP shouldn't drive!

Taiko

sangie595 wrote: »

I think the employers problem is that they have been advised by their own medical people that the OP shouldn't drive. If something happened on the commute and the OP said they had no choice but to drive to work, or that they were expected to do so, it could get very messy for the employer. From where they are sitting, they don't know what the OP has said to their GP, or if the advice is accurate. And the brief passing out happened at work already.

To be fair, the last person who briefly felt faint at work and didn't tell the GP the entire truth (or their employer) was driving a bin lorry at the time it caused a tragedy. Damned of you do, famed of you don't. An employer might be persuaded to err on the side of whatever their OH tells them.

Definitely the case that springs to mind for myself. For what it's worth, I get prodromal warning signs, so have time to react and prevent. In this case, the OH person made the judgment without allowing me to discuss anything my GP had said, or them consulting my GP directly. Their decision was based on solely the comments from my employer.

Marktheshark

What medical qualifications does the person have who thinks they can over rule a GP.
Only a Consultant or above can do so.

Darksparkle

sangie595 wrote: »

I think the employers problem is that they have been advised by their own medical people that the OP shouldn't drive. If something happened on the commute and the OP said they had no choice but to drive to work, or that they were expected to do so, it could get very messy for the employer. From where they are sitting, they don't know what the OP has said to their GP, or if the advice is accurate. And the brief passing out happened at work already.

To be fair, the last person who briefly felt faint at work and didn't tell the GP the entire truth (or their employer) was driving a bin lorry at the time it caused a tragedy. Damned of you do, famed of you don't. An employer might be persuaded to err on the side of whatever their OH tells them.

Doubt he was the last person and it was hardly a brief fainting episode he had!

Taiko

OH was also a doctor, so I'm told. There was no clinical exam during the appointment though! I think despite giving them all the consents, they've still not approached my GP either!

duchy

tomtontom wrote: »

We're not talking about personal time in the general sense, this is specifically about the journey to and from work. If the employer is aware that tiredness may trigger an episode, is it reasonable that they tell the worker not to drive? If a worker finishes work in the middle of the night or a remote area, is it reasonable that the employer stipulates they do not walk home alone? I can see arguments for both sides, but can understand the employer's POV in today's litigious society.

On what planet does a longer journey by public transport versus a shorter time spent travelling by car prevent additional tiredness ?

If the OP was cycling maybe ...or travelling a very long distance -but neither apply here.

duchy

agrinnall wrote: »

Sounds like something you should be raising with your union so that you can get legal advice and support. Unfortunately if you're not already a member it's probably too late to join for this issue.

It's so unusual that a union might just pick it up anyway.