Signed of by GP - OH Forcing me back to work?

AlistairS

I had a hernia re-repair, mid June. HR called me to come in for a review, 8 days after surgery and the day the stitches were coming out. OH Nurse was surprised to see me. Strangely, she concluded at that time I was not fit for work. I have given my employer Doctor's lines and the current one runs out on the 1st August. I had to attend another review yesterday and as far as i could make out from OH Nurse she was happy to go with my suggestion of coming back when my line run out. She specifically said that as my surgery was to fix an earlier repair, which didn't work 3 years ago that I would need a bit more time off.

I am called by HR today and was informed I am fit for light duties according to the report they received from OH. If I don't start back next week, I will only get statutory sick pay. I am a shift worker and basically I feel I am being forced back to work before I'm ready as sick pay without shift allowance would be crippling.

Can my employer actually do this?

Undervalued

AlistairS wrote: »

I had a hernia re-repair, mid June. HR called me to come in for a review, 8 days after surgery and the day the stitches were coming out. OH Nurse was surprised to see me. Strangely, she concluded at that time I was not fit for work. I have given my employer Doctor's lines and the current one runs out on the 1st August. I had to attend another review yesterday and as far as i could make out from OH Nurse she was happy to go with my suggestion of coming back when my line run out. She specifically said that as my surgery was to fix an earlier repair, which didn't work 3 years ago that I would need a bit more time off.

I am called by HR today and was informed I am fit for light duties according to the report they received from OH. If I don't start back next week, I will only get statutory sick pay. I am a shift worker and basically I feel I am being forced back to work before I'm ready as sick pay without shift allowance would be crippling.

Can my employer actually do this?

Almost certainly yes I'm afraid.

The vast majority of company sick pay schemes are "discretionary". Assuming yours is then they can use their discretion not to pay anything over and above SSP even if your GP says you are unfit for any work.

In the unlikely event that you have a hard and fast contractual entitlement to company sick pay then there could be scope for arguing about which medical opinion carries more weight.

AlistairS

Oh well back to work Monday and serious start looking for alternative employment. Thanks

elsien

What are the light duties that are being suggested, and is there a reason that you would find them difficult?

AlistairS

elsien wrote: »

What are the light duties that are being suggested, and is there a reason that you would find them difficult?

I didn't say they were putting me on light duties?

ohreally

AlistairS wrote: »

I am called by HR today and was informed I am fit for light duties according to the report they received from OH.

Weren't you offered sight of the report prior to it being submitted to your employer?

elsien

AlistairS wrote: »

I am called by HR today and was informed I am fit for light duties according to the report they received from OH.

Did you not? I may be missing something here but if OH say you can go back on light duties, what makes you think you are not going back on light duties?

AlistairS

elsien wrote: »

Did you not?

Sorry, my bad, all over the place

AlistairS

ohreally wrote: »

Weren't you offered sight of the report prior to it being submitted to your employer?

OH read it back to me and got me to sign it. I get the feeling HR only see what they want to see in the report

ohreally

AlistairS wrote: »

OH read it back to me and got me to sign it. I get the feeling HR only see what they want to see in the report

Did it contain reference at that point to being fit for light duties or did that become a later addition?

Torry_Quine

If you are to return to work you need to see your GP first. You either need a fit-note which says you can do light duties or one which ends the current one. You may not even be covered by your company insurance if you work while signed off sick by your GP.