Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Is this garden leave??

    My GP has said I'm fit to return to work and has signed a sick note to this effect, but my employer's OH doctor recommends my employer commissions a report from a neuro psychologist prior to any return.

    As I'm fit to return I do not believe I should have to take any delay as annual leave and it can't be classed as sick leave, as I'm considered fit to work. What is the solution? Would this be "garden" leave?


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    Default

    Quote Originally Posted by andyasw View Post
    My GP has said I'm fit to return to work and has signed a sick note to this effect, but my employer's OH doctor recommends my employer commissions a report from a neuro psychologist prior to any return.

    As I'm fit to return I do not believe I should have to take any delay as annual leave and it can't be classed as sick leave, as I'm considered fit to work. What is the solution? Would this be "garden" leave?
    Have they said it will be annual leave ?

    Normally in this situation, a company will just pay you as normal similar to garden leave and you return to work when the employers OH are satisfied that you are safe to return to work. The reason it would not be annual leave, is that from a health and wellbeing point of view it would not be sensible or good practice to see your holiday time eaten up. You will need leave time during the year, so you have opportunity to recharge your batteries during the working year.

    Suggest you contact your employers line manager to discuss and obtain written confirmation of the exact position.


  3. #3
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    Default Re: Is this garden leave??

    "garden leave" is when you are not working yoru notice but need to be available

    this is "medical suspension" and most organisations would resume wages

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    Default Re: Is this garden leave??

    Check in your Employment Contract for anything on Sicknesss/illness/Capability also check the Company Employees Handbook if they have one.

    Are they using their Capability Policy???

    1. When did you start employment with this Company?

    2. How long have you been Employed with this Company to date?

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  5. #5
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    Default Re: Is this garden leave??

    So far HR haven't defined on what basis this period will be. I've been continuously employed with them for 20 years.


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    Default Re: Is this garden leave??

    are you currently being paid sick leave? if so i wouldnt expect that to change. If not then it can be read as you are currently suspended pending the outcome of a medical and they should pay you as they would be obliged to do so for any other reason.


  7. #7
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    Default Re: Is this garden leave??

    As it's the Easter weekend it's too soon for HR to have communicated with me so unable to respond with any detail. I hope to be hearing something this next week so shall post HRs response.


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    Default Re: Is this garden leave??

    so you dont know if you are currently being paid then?


  9. #9
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    Default Re: Is this garden leave??

    I should be on full pay until mid April.


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    Default Re: Is this garden leave??

    the it will continue until they have done their deliberations. If they then refuse to let you return to work they should start proceeding to dismiss you on capability grounds or arrange a return t work in some graded return scheme agreed by OH and yourself. ita may be light duties or shorter hours but they cant do nothing and refuse to pay you,


  11. #11
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    Default Re: Is this garden leave??

    Just to let everyone know I am still awaiting a response from my employers HR department.


  12. #12
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    Default Re: Is this garden leave??

    received a lettericon stating I would be on half pay from now on. @phoned HR but the person I need to speak to is on leave.


  13. #13
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    Default Re: Is this garden leave??

    Quote Originally Posted by andyasw View Post
    received a lettericon stating I would be on half pay from now on. @phoned HR but the person I need to speak to is on leave.

    Dear company,

    as you are aware my doctor has signed me on as fit to work

    I have been waiting for X weeks at your request for an additional medical check. I am fit and fully able to resume duties, yet about to be put on half pay.

    This feels discriminatory. Please confirm I am in fact on medical suspension at your request and will continue to receive full pay, or confirm I can recommence duties immediately.

    Yours,

    you.

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  14. #14
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    Default Re: Is this garden leave??

    More news on this.

    Today I received an email from HR. They say I am now on half pay because the Occupational Health doctor's recommendation that I have a psychological assessment, takes precedence over my GP who maintains I am medically fit to return to work on a phased return.

    In addition it has been 17 days since my employer received the OH report and the recommendation but today they are finally making the actual referral.

    I now feel compelled to seek legal advice.


  15. #15
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    Default Re: Is this garden leave??

    If they think you have a mental health concern going in heavy handed may simply confirm their prejudice. I would send the letter first....

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
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