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poohpouri

can employer get funny/dismiss me over heart issue

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Hi I have had a ecg which should abnormal, I was sent to hospital for further test as getting pains,referred to chast pain clinic, HAd minor heart attack luckily no damage done.Doctor advised to take 6 weeks off work but advised I could not (bills etc) we agreed on light duties and has given me a fit note advising no heavy lifting for 6 weeks, where do i stand with regards to my employer getting funny/awarkard as we are currently short staffed ?

Thanks

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Hi poohpouri welcome to the forum.

 

Are you in the private or public sector? I would not have thought that any reasonable employer would fight a doctor's decision to sign you for light duties when you have had such a serious and potentially life threatening condition.

 

If they did not comply with the decision and something happened they would leave themselves open to be sued. I would expect them to send you to their OH department or employment doctor to get some sort of opinion for their own benefit. Of course there may not be any light duty suitable.

 

Why are you worried they will be unreasonable / funny?

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Why would your employer be funny you have just had a minor heart attack.

 

You have a fit note stating you require light duties to keep you in work, your employer can either give you light duties or request you sign yourself unfit for work.

 

Like you said you are short staffed at the moment so it would be benefical for your employer to keep you in work

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My wifee spoke to my employer to explain about light duties etc and give them a update,my line manger said to my wife that I know what my job entails and we would speak about it when i return to work..(maybe i am worrying ) my job is fire/flood techincian we attend properties on behalf of insurance companies and dry out buildings. if the worse came to would I be right in saying that I would have no option but to take the 6 weeks off and then be reviewed by doctor?(am hoping this is last option)

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Trust me you need to get better. You do anything that it takes to restore your health. Going against doctors advice is not the best idea. If one has had one heart attack the chances are that you will be prone to more. GET BETTER. No reasonable employer is going to go against what your doctor has said in these circumstances.

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I just cant help worrying etc i know my health comes 1st my wife/daughter have made this clear..but bills etc always a worry at back of mind .well will have to wait and see as back to work next wednesday. Thanks

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You should prepare yourself for your return to work.

 

Explain to your manager you are fit for work as long as your manager observes your doctors recomendations.

 

List all the tasks that need doing and you`re capable of doing.

 

Demonstate the benefits of you be able to stay in work

 

If your manager cannt accomodate your fit note then for your own health you should declare yourself unfit for work. You do not need to get another fit note as the one you have covers you

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Don't you have sick pay? Normally employees can be off for some time before the pay reduces.

 

You need also to consider DLA / Carers allowance if your condition runs on for some time, ESA. You may also be entitled to other benefits eg housing, Statutory Sick Pay.

 

You need to research what you are entitled to. Try phoning the Benefits Enquiry Line 0800 882 200 http://www.direct.gov.uk/en/Dl1/Directories/DG_10011165 and explain the situation to them. I am, sure they will give you a complete picture as they will ask more personal questions.

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You should prepare yourself for your return to work.

 

Explain to your manager you are fit for work as long as your manager observes your doctors recomendations.

 

List all the tasks that need doing and you`re capable of doing.

 

Demonstate the benefits of you be able to stay in work

 

If your manager cannt accomodate your fit note then for your own health you should declare yourself unfit for work. You do not need to get another fit note as the one you have covers you

 

Colin is right - you need to be proactive about this and not simply depend on the employer to do everything. But your health must also come first. Money worries aren't pleasant - but death is so much more incovenient! And I am not being flippant. You have every chance of living a long and healthy life, but you have had a warning, so don't ignore it.

 

Because you have had a heart attack you are now covered by the Disability Discrimination Act, and you should inform your employers of this not matter whether they know or not. But this only permits "reasonable adjustments" so the employer aso has a point potentially - if there are no suitable light duties available, or if there are risks in your employment, then they cannot simply ignore the fact and you may not be permitted to return. Fitness notes are a great idea and they are a definite improvement on what we had - but they cannot replace common sense on your part or the employers. Talk to them about what you can and can't do (and do not exaggerate what you can do, or you may risk your health) and see what happens.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Hello poohpourri and welcome to CAG. My father went through what you have and you must take it seriously. I might add that he's lived 20+ years since his 'warning', so it's worth being sensible.

 

Does your employer have any insurance policy that would cover ill-health through illness? This may be a long shot, because usually they kick in after 3 or more often 6 months.

 

Or do any of your credit cards have ill-health cover? I know people who've claimed something to help pay off the balance when they became ill. I don't remember exactly how it works, will research it if you would like me to.

 

My best, HB x


Illegitimi non carborundum

 

 

 

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