Sent home when issued a light duties note from GP!??

rachie_2011

Hi guys, I'm not really sure if this is the right board to ask this but was wondering if someone could offer some advice.

My partner has recently been to see their GP due to a bad back. The doctor wanted to sign them off work but agreed to issue a light duties note covering three weeks in stead. This was issued to their place of work who, in short, sent them home and said they would have to have their own OT do a review and not to come into work.

No real explanation was given, but my other half was sent home and almost a week later had a phone interview with the companies preferred OT. The OT was surprised to find out that my partner had already been to their own GP and been issued with a light duties note and seemed confused that they'd been refered as most referrals are for people who have been off sick for a long period. I must add, that this is the first time my partner has been poorly with this company and only started in November last year.

My partner is now back at work, has had a return to work interview and been informed that the week they've had off will go down on their record as sick, and also they will not be paid for this.

So I'm wondering if anyone has any views on this - although I've probably not explained this very well.

I realise some places don't offer sick pay, but they didn't want to be sick and were not signed off.

Another employee has been put on light duties, also to a bad back and has not been sent home like my partner and been doing over time! When asked about this however, the employer stated it was different cirumstances and said they would come back and explain as they were busy. They are still waiting for them to explain two days later.

If anyone could advise, give feedback it would be most helpful.

Thank you guys...

sangie595

Simple facts. No employer must pay any attention to a doctor asking for amendments to duties. It's advice. Not an instruction. If the employer says no, then you are off sick. And without two years employment I wouldn't recommend pushing the issue - the employer is right about it, doesn't have to treat people the same way, and the quickest solution is to sack the person questioning it.

elsien

They also shouldn't be discussing the other person's health issues with your OH - that would be a breach of confidentiality.

Tigsteroonie

The company is covering its back by asking their OH provider for guidance on what reasonable adjustments ("light duties") to make during the return to work. It's quite common where I work; that is the role of OH, to provide specific work-based advice where the GP cannot.

The company can also insist that the individual remains on sick leave until they (the company) are satisfied that the return to work can be handled in an appropriate manner that will not result in further injury. This is facilitated because the fit note advises that the individual can return on "light duties", but those light duties are not available until the OH advice has been received and implemented. A fit note only provides general and not job specific advice.

agrinnall

If he was off for a week then he will be able to claim for 2 days SSP from his employer.

https://www.gov.uk/statutory-sick-pay/overview

rachie_2011

Thanks for everyone who's replied... it's been helpful. My partner has since spoken to their Union who has confirmed that the employer has not gone about this situation in the correct way (perhaps more detail I could of provided at the time but wasn't really necessary). I realise that most company policy would be to have your own OH advise what's best, but this wasn't explained at all at the time.

In short though, I think my partner has a very strong case any way and so does her Union rep.

Thanks again

sangie595

rachie_2011 wrote: »

Thanks for everyone who's replied... it's been helpful. My partner has since spoken to their Union who has confirmed that the employer has not gone about this situation in the correct way (perhaps more detail I could of provided at the time but wasn't really necessary). I realise that most company policy would be to have your own OH advise what's best, but this wasn't explained at all at the time.

In short though, I think my partner has a very strong case any way and so does her Union rep.

Thanks again

A strong case of what? The employer hasn't broken the law; and advisory fit notes do not have to be acted on by the employer.

iammumtoone

For the sake of a weeks pay, I would just let it go otherwise your OH may well find that they are soon out of a job. Under two years employment no reason has to be given.

If they don't like the way they were treated start looking for another job and keep their head down in the meantime.

Undervalued

sangie595 wrote: »

A strong case of what? The employer hasn't broken the law; and advisory fit notes do not have to be acted on by the employer.

True.

However if the firm hasn't followed its own policies then the OP's partner may have an argument that they should have been allowed to work and therefore get paid.

However whether it is worth pursuing, if a quiet word from the union rep doesn't get it sorted, is another matter.

TELLIT01

As others have said, the 'light duties' on the medical certificate from the GP is advice for the employer and it is up to them to decide whether that is practical or not. It has no weight in law.

sangie595

Undervalued wrote: »

True.

However if the firm hasn't followed its own policies then the OP's partner may have an argument that they should have been allowed to work and therefore get paid.

However whether it is worth pursuing, if a quiet word from the union rep doesn't get it sorted, is another matter.

I'd agree about policy. But obviously that doesn't make a case of anything, just an argument the union can use. But a lot of employers won't allow a return to work on a partial fit note without checking with OH - a GP knows nothing about someone's employment.