Declared fit for work but still sent home

dgr75

Hi, I have been off work through health related problems for nearly 6 months now. Initially a health related problem was identified after a work medical, which needed further investigation. This was in Dec17. I was referred to occupational health and they said I was not fit to carry out my normal duties but I should be considered for other duties - this never happened

My GP also signed my off with a sick note to cover me. My health then improved due to medication and eventually, at the end of Feb 18 the GP gave me a fit for work note. I returned to work on the advice of my line manager and carried out a days work in the office doing 'other duties', which I have had experience of doing before with the same company.

However, the following day my line manager took me in to his office and said that he had been instructed by higher management to send me home. Since then there has been no additional OH assessment and there seems to be no documented assessment on the grounds for sending me home, and the only reason seems to be that the duties I was carrying out are not part of my 'normal' job.

Although I was given a fit for work note, I am still waiting on some further tests and results, but the GP believed that I had recovered sufficiently to return to work.

Can anyone advise on my rights on this, as I believe that the company haven't followed procedure and haven't discharged their duty of care?

Thanks

[Deleted User]

dgr75 wrote: »

Hi, I have been off work through health related problems for nearly 6 months now. Initially a health related problem was identified after a work medical, which needed further investigation. This was in Dec17. I was referred to occupational health and they said I was not fit to carry out my normal duties but I should be considered for other duties - this never happened

My GP also signed my off with a sick note to cover me. My health then improved due to medication and eventually, at the end of Feb 18 the GP gave me a fit for work note. I returned to work on the advice of my line manager and carried out a days work in the office doing 'other duties', which I have had experience of doing before with the same company.

However, the following day my line manager took me in to his office and said that he had been instructed by higher management to send me home. Since then there has been no additional OH assessment and there seems to be no documented assessment on the grounds for sending me home, and the only reason seems to be that the duties I was carrying out are not part of my 'normal' job.

Although I was given a fit for work note, I am still waiting on some further tests and results, but the GP believed that I had recovered sufficiently to return to work.

Can anyone advise on my rights on this, as I believe that the company haven't followed procedure and haven't discharged their duty of care?

Thanks

Are you getting paid? Have you raised these concerns in writing with your manager?

marliepanda

Are you fit to do your 'normal duties'

tizerbelle

If by a fit for work note you mean you have a fit note that says you may be fit for work then it is a recommendation only by the GP, the employer does not have to accept it and if they decide not to then it is treated as if you are not fit for work and your sick leave continues.

Brynsam

Which 'rights' do you think you're missing? Are you being paid in full/part/state sick pay only?

Fireflyaway

Same thing happened recently at my work. The guy came in with a fit note but he wasn't capable of doing his normal work without being in some discomfort. He was sent home because had he damaged himself further the company could be in some trouble for not protecting him.
I'd start by asking exactly why you were sent home. Did you not perform well in those 2 days? Did you get upset or work very slowly etc etc. I'd ask for clarification as to what they expect before you are allowed back. Maybe they are just protecting themselves and want extra reassurance from someone independent that you are ok.

TBagpuss

I agree that you need to clarify with your employer what their current concerns are. If you and your GP both feel that you are ready and able to return to your normal duties, say so, and ask to return.

If you are only able to carry out other tasks, then it may be that there are not suitable alternative tasks - thos may depend on the size and nature of your employer, of course, but in that situation you still need to speak to your employer, reiterate that you would like to work and believe that you are fit for other duties, and ask that they consider that.