Can an employer dictate how you commute?

967stuart

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.

Excellent point.

elsien

Marktheshark wrote: »

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

That's not the case with regards to fit notes. Government guidance says that in principle an employer can give OH views precedence over the GP and overrule the fit note either way with regards return to work.

p00hsticks

duchy wrote: »

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

I think you miss the point - if tiredness is a potential trigger that causes the OP to black out, the the consequences of it happening when he's driving are potentially far worse than if he's sat on a bus or a train.

agrinnall

Perhaps you could suggest to your employer that if they are so concerned for your health that they wish to reduce the possibility of tiredness during and after your commute they should pay for a taxi so that your journey takes less time and you don't have the stress of travelling on public transport.

Guest101

I'd write to the HR rep, advising that you are waiving any duty of care provisions that the employer feels they have towards you during your journey's to and from work.


Drive as normal.

TBagpuss

I would write to your employer, confirmingthat you have seen your GP sincethe OH report was made (assuming that you have) and that he/she has confirmed that there is no reason for you not to drive and that comunting to and from work should not be an issue.
Suggest to them that they, or the OH, use the consents that you have given to confirm this with your GO and riase the concern that the OHs recommendation is counter productiove as it is more tiring and stressful to be forced onto public transfport. Ask them to review their advice to you about your commute in light of the new onformation or alternatively, to clarify what benefit they consider thier recommnedation offers.

Taiko

Drafted up a letter to employer now, and will provide them it tomorrow. Called in at my GP's this evening, who confirmed that, after almost two months, OH have not used the consents I signed to contact them for information.

As it stands, it looks like I may have an alternative job lined up anyway, thanks to my contacts within the sector and prior work history. Although I do wonder if they have public transport to take me down the escape route!

xapprenticex

wish you all the best and all but it kind of worries me that you have an issue that may make you pass out and you drive. could be my family or friends you're driving past if you were to have another episode.

as stated, both sides have a point in this case, its better to be tired on a bus where you are not driving etc. imo it would be better if you didnt drive for a period of time and if you had no issues by the end of the period, then fine.

but if your medical issue caused a crash then imo you should be charged (severity of charge depending on severity of damage to life or property) and your doctor struck off.

Again, sounds harsh im sure but im sure everyone would agree if something happened to one of their loved ones because someone passed out while driving due to a known medical issue.

Again, all the best.

vlad

Taiko wrote: »

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!

Ask your GP to write to them, you may have to pay, and/or insist that the OH arrange for you to have an MRI scan at their expense to rule out certain things, and an eeg, I'm thinking they might think you had a seizure?

vegasvisitor

I think it seems quite unfair that the employer is becoming so involved in your commute, and I hope your other job option works out. It may seem that the employer has an issue with you now because of the loss of consciousness at work/sick time/occ health involvement or whatever.

I would previously have thought that any loss of consciousness would trigger having to tell DVLA, but according to DVLA it doesn't. It's only if the doctor says it affects your driving.

I had a colleague who fainted and was off work for a while because they injured themselves. She said it was her blood pressure that causes it, as if it happens regularly, yet she still drove. I remember thinking it was quite worrying that someone wasn't very concerned that they were fainting (more so that they had hurt their self when they hit the ground) and seem to be ok to drive.

On the other hand, many people have fainted at some stage in their life and aren't banned from driving for the rest of their lives.

I hope the other job works out, it sounds like it's for the best.