Occ Health says I'm fit to return to work, employer says I'm not

bigjimfeet

Hi.

I'm currently off work sick with lower back pain and have been for over 3 months now. I'm currently awaiting a referral to orthopaedics for X-rays/blood tests etc. I've recently had an Occ Health assessment which stated I was fit to resume work on amended duties. The duties specified are things my employer regularly offers to people returning from sick leave, so there is no issue with them being able to facilitate it. However, I've been told by my manager that I should stay off work until I have seen the orthopaedic consultant and received some kind of diagnosis/treatment plan, as they are concerned that a return to work could make my back pain worse.

I am currently receiving half-pay only, so am obviously keen to return to work and feel safe to do so. Just wanting some advice on where I stand with this? It doesn't seem right that both myself and a medical professional can agree that I'm fit to resume work, and yet my employee can say that I'm not.

After a quick Google I'm also reading about being suspended on medical grounds - is this what they're suggesting, and is this applicable in this case? It hasn't been mentioned to me, just that I'm to stay off work.

Many thanks for any help!

General_Grant

bigjimfeet said:

Hi.

I'm currently off work sick with lower back pain and have been for over 3 months now. I'm currently awaiting a referral to orthopaedics for X-rays/blood tests etc. I've recently had an Occ Health assessment which stated I was fit to resume work on amended duties. The duties specified are things my employer regularly offers to people returning from sick leave, so there is no issue with them being able to facilitate it. However, I've been told by my manager that I should stay off work until I have seen the orthopaedic consultant and received some kind of diagnosis/treatment plan, as they are concerned that a return to work could make my back pain worse.

I am currently receiving half-pay only, so am obviously keen to return to work and feel safe to do so. Just wanting some advice on where I stand with this? It doesn't seem right that both myself and a medical professional can agree that I'm fit to resume work, and yet my employee can say that I'm not.

After a quick Google I'm also reading about being suspended on medical grounds - is this what they're suggesting, and is this applicable in this case? It hasn't been mentioned to me, just that I'm to stay off work.

Many thanks for any help!

What relationship does Occ Health have with your employer?  How much does Occ Health understand the work you would do?

tizerbelle

You are not suspended on medical grounds.  Your are off sick.  Occupational Health can make suggestions but they are not the decision makers.  Only your employer can decide if you can/should return to work on amended duties.  The same applies when a GP marks your fit note that you could return on amended duties - it is merely a suggestion.  The final decision is the employers.  If the employer says no, then you just remain off sick as "not fit for work".

tizerbelle

Doesn't matter.  Theirs is the final decision.  You had an amended duties return for a bad back previously and while you say you returned to full duties, you are off again with back pain so perhaps they are being more cautious with your health this time than you and would rather you wait until you have seen the orthopaedic consultant and got a treatment plan that would hopefully mean a permanent end to back problems rather than a temporary hiatus.

TELLIT01

The employer doesn't have to provide alternative work to enable somebody to return to the workplace.  If they have concerns that any work they may be able to provide could make you back problems worse they are absolutely correct to say you have to stay off.

Other people may have been given the type of work suggested by OH, but that doesn't mean to say that the company has a need for an additional person to do that work currently.

bigjimfeet

Thanks all for the advice. Spoken to my union rep who’s confirmed the company is actually bound by the advice they receive from OH and that it should have been followed. Just need to decide whether it’s worth the added stress of appealing now. Thanks again.

GrumpyDil

My experience of union reps has been patchy to say the least but perhaps your experience will be different. 

As an aside my view is that your employer is acting perfectly reasonably in this instance. 

bigjimfeet

GrumpyDil said:

My experience of union reps has been patchy to say the least but perhaps your experience will be different. 

As an aside my view is that your employer is acting perfectly reasonably in this instance. 

Cool.

Yeah I’m lucky to work in an industry with a strong union presence that ensures the employer acts perfectly reasonably.

TELLIT01

bigjimfeet said:

Thanks all for the advice. Spoken to my union rep who’s confirmed the company is actually bound by the advice they receive from OH and that it should have been followed. Just need to decide whether it’s worth the added stress of appealing now. Thanks again.

I'm pretty sure your union rep is wrong.  OH provide information and advice to the employer, they cannot force them to do anything.  They can suggest such things as a phased return to work or light duties, but it is a business decision to be made on the practicality of the suggestions.  Even ACAS refers to OH as Occupational Health Advisors.

bigjimfeet

TELLIT01 said:

bigjimfeet said:

Thanks all for the advice. Spoken to my union rep who’s confirmed the company is actually bound by the advice they receive from OH and that it should have been followed. Just need to decide whether it’s worth the added stress of appealing now. Thanks again.

I'm pretty sure your union rep is wrong.  OH provide information and advice to the employer, they cannot force them to do anything.  They can suggest such things as a phased return to work or light duties, but it is a business decision to be made on the practicality of the suggestions.  Even ACAS refers to OH as Occupational Health Advisors.

Nah, she's right. Nobody's "forcing" my employer to do anything - it's my employer's own policy that states they will follow OH guidance in cases such as mine.

Apparently this proviso was added due to union pressure some years ago after disputes around my employer attempting to ignore OH reports and pressure people back into work who had been deemed unfit.

Like I say, I'm lucky to work in an industry with such a strong union presence.

EnPointe

tizerbelle said:

You are not suspended on medical grounds.  Your are off sick.  Occupational Health can make suggestions but they are not the decision makers.  Only your employer can decide if you can/should return to work on amended duties.  The same applies when a GP marks your fit note that you could return on amended duties - it is merely a suggestion.  The final decision is the employers.  If the employer says no, then you just remain off sick as "not fit for work".

this is incorrect if your employer claims they   cannot supprt  amedned duties  / phased return  yet  Occ Helath and your  Health professionals say this is appriorpaite, rthen you  should be   medically suspended