How to ignore, exaggerate & make things up.

MEM62

Andy_L wrote: »

They can't make you go. However if you are unfit for work they can dismiss you on the grounds of capability

Really? And just how would they establish a capability issue without a medical report?

OP - Your contract is they key as to when they can an cannot insist that you submit to a medical examination. With one caviat, your employer has a 'duty of care' to you and cannot knowingly place you at risk. Therefore, if they feel that you have a medical condition that, in the discharge of your normal duties, represents a risk to your wellbeing then they should ask you for a medical report so that they can assess and properly deal with any risks. If you had not already sought medical advice then it would be perfectly proper for them to ask you to see a doctor.

sangie595

JustAnotherSaver wrote: »

To the one who went on a rant...

Where did I say that I didn't inform my employer???

Answer that one & then we can talk. Or was you just making it up because it suited your post?



They want me to report back to them. If I make it up then I'm lying which I haven't done & aren't about to start.

Disagreeing with you is not a rant. You told your employer that you had been advised to refrain from work entirely and they let you work anyway? That doesn't appear to be consistent with everything else you have said. And actually, it was you who said it - in your first post you say that the employer would rather you take time off, and I doubt they would be seeing it as an option if you had told them that the doctor ordered complete rest for 8 weeks.

But heh, you know it all, so do whatever you wish. If you get sacked or do yourself further injury, don't come whining for advice. You have no idea how lucky you are to have an employer who actually gives a damn about your health and safety at work.

w06

It sounds like an occupational health issue rather than a GP issue.

ohreally

w06 wrote: »

It sounds like an occupational health issue rather than a GP issue.

This, W06 beat me to it.

Be aware you can be exited out the door on grounds of capability.

rtho782

MEM62 wrote: »

Really? And just how would they establish a capability issue without a medical report?

OP - Your contract is they key as to when they can an cannot insist that you submit to a medical examination. With one caviat, your employer has a 'duty of care' to you and cannot knowingly place you at risk. Therefore, if they feel that you have a medical condition that, in the discharge of your normal duties, represents a risk to your wellbeing then they should ask you for a medical report so that they can assess and properly deal with any risks. If you had not already sought medical advice then it would be perfectly proper for them to ask you to see a doctor.

"You've done 90% of your job, let's see you do the last 10%. You can't? Why not? You're incapable of doing that? Have you seen a doctor? You don't want to see a doctor? Then we can only assume you are incapable of doing (100% of) your job, and we will have to part ways"

langsmith

Yes, an employer can refer you to a Company appointed Doctor or Nurse, for assessment, in relation to your specific illness.

If appointed and you refuse, it's can be used against you, for grounds of dismissal. However... and here's the catch 22, if your own Doctor disagrees with any appointed Doctor, then they could refer you again, to a specialist in Harley Street, London or that ilk.

Depending on the outcome, will depend on HRs level of enthusiasm, in either supporting you, or, the business; HR has a duty to find a way forward for you, so as the business can accommodate you, 'where possible.'

TBagpuss

MEM62 wrote: »

Really? And just how would they establish a capability issue without a medical report?

OP - Your contract is they key as to when they can an cannot insist that you submit to a medical examination. With one caviat, your employer has a 'duty of care' to you and cannot knowingly place you at risk. Therefore, if they feel that you have a medical condition that, in the discharge of your normal duties, represents a risk to your wellbeing then they should ask you for a medical report so that they can assess and properly deal with any risks. If you had not already sought medical advice then it would be perfectly proper for them to ask you to see a doctor.

They assess the capability based on the information they have. If you decline to cooperate to provide medical evidence they make the decision on the information they have, so their process may be

'employee has had ongoing problems, is currently unable to carry out their full job, and has provided no medical evidence to suggest that they will regain full capacity and is unwilling to provide any. On that basis, we have no ground to think they will be able to do the job within any reasonable time frame so we will consider them incapable and will dismiss on the basis of capacity'

If OP is likely to recover full capacity if they follow the medical advice they have been given, it is in their interests to get and follow that advice, and to keep them employer in the loop. It would be harder to dismiss someone for capacity where there was evidence that they were likely to return to full capability in the near future than if you have an open ended situation.

jobbingmusician

IMAGINARY EMPLOYER'S REPORT

Employee has told us that they can do 90% of their job. They have not provided any evidence to this effect, they seem to just be expecting us to accommodate a non-verified personal opinion and allows them to recover safely.

Action - we have recommended that they visit their doctor to have this medical opinion verified and to suggest a way forward which avoids any further injury which might lay us open to legal action.

Employee is reluctant to do this.

Our options - accommodate 90% performance. NO. This would leave us open to any employee claiming what amounts to disability without any medical verification.
Start process to dismiss on grounds of capability - only remaining option.

xapprenticex

End of the day its your life, your health, your job, you can take the advice here if you want but end of the day, you do what you want. If you get away with it, good for you, if you end up in worse health and/or without a job, we don't REALLY care, its your problem not ours.

Thats about as to the point as i can be without telling you to do something you dont agree with.

xapprenticex

That sounds like a reasonable response, well best of luck with what you do.