My partner works full time as a Stock Controller. His job is around 50/50 desk work and warehouse work. He has broken his foot and is now in a cast for 6 weeks, mobile and weight bearing but on crutches.

His employment contract states SSP only for sickness, but that full pay may be paid at the discretion of the line manager.

OH was given a fit note by the fracture clinic yesterday, stating that he must not work this week, but that from next Monday he can work as long as it is desk based and no heavy lifting.

OH feels that for this 6 weeks, duties could be shuffled around and he could take on some more admin and A. N. Other could take on his warehouse duties, until he is healed.

OH's line manager has refused to even discuss the "amended duties" and said that OH is not allowed in the building with a cast on due to H&S, and must therefore have 6 weeks at home on SSP.

The Doctor was quite clear that there is no reason why OH can't be working at a desk after one week off.

Where does OH stand on this? Can his employer refuse the amended duties and in essence, force him to not work and receive only SSP? Or do they have to pay him because he is both willing and capable of work but they are refusing?

I have read several threads on here regarding fit notes.

His manager is saying that it is irrelevant whether he can perform his duties or not, the very presence of the cast means he is not safe to be on site until it is removed.

Am I right in thinking that "suspension from work on medical grounds" applies here?

he may be willing and capable of work, but not of doing his job. different things....

Well that's why I'm asking the question.

If he was, for example, a delivery driver - he cannot do 100% of his job, I understand that. But he can do most of his job, and there is easily scope for him to fill a full time week, with some slight amendments to duties for a short period of time.

I was under the impression that the fit note was intended to assist employees to go to work when they can, and assist employers by not having someone off for ages.

There are 3 people whose role, like OH, is a mixture of desk work and warehouse work. When one is on annual leave (or off sick, or paternity leave etc), the work is covered by the others. So they all know how to do all the tasks.

Is it so unreasonable for his employer to just shuffle responsibilities for 5 weeks? I thought that was the point of the fit note as a concept.

Anyway - I have digressed. Whether he can or cannot do his duties has become irrelevant, we aren't even getting that far in the discussion - his employer is stating that he cannot enter the building with a cast on, due to Health and Safety. They are not interested in whether he can or cannot do his job. Therefore, as they are refusing to allow him to enter the building, is this classed as suspension on medical grounds?

Thanks.

I would question the H&S aspect, has a risk assesment even been done? What is the risk? Lets say for arguments sake I had an office job there, broke my foot playing rugby on a Saturday and turned up Monday in a cast fit for work would I be sent home?

Thanks, HR are calling him today so he will ask them then.

Well HR are saying he must have next week off sick again, they will meet him on site and risk assess him a week on Monday. There is no reasoning or justification for the delay.