Work refusing to let her go back to work - ** RESOLVED **

[nohope]

Only me. Another little problem but something i need a little help with..

 

My partner had an op on her knee and was off work for 7 weeks on sick.

 

The doc has now said she can go back on amended duties/light work, which means she can do 75% of her job as usual and needs an extra pair of hands for the odd 2 mins a couple of times a day to do a couple of things.

 

Her sick note from the docs says under the advisary notes about light dutes so covered there.

 

She went in for 3 shifts and the deputy manager didnt have a problem with it but the manager came back in monday and rang my partner and told her she's not to come back to work as she's not fit for work and told her to go and see the doctor again to get sick note.

 

Went next day to see doc who stuck by what he said about light duties and even looked through her work contract and said you can do pretty much everything they expect apart from 2 things which she would need a hand with for a min or 2 here and there. They help each other out anyway so its not a big deal as far the any of the other staff are concerned.

 

Rang place of work saying done what you asked and doctor is sticking to what he said, i can come back on amended duties/light work where needed.

 

There are refusing to let her come back to work still. Asked them what happens about wages then as she is fit for work (on the docs say so) so stat sick pay is no longer paid. They said, you will have to ring the social and sign on for now till your 100% fit for work.

 

So i rung the social but as she has a job and can't be activly seeking work she is not entitled to anything.

 

So, HELP, what do we do. I need the legal side of can they refuse to meet her half way and not even try to help.

All they need to do is make sure she's working on her shifts with someone they trust that they no is happy to help out a bit here and there.

 

I'm realy stuck with this and want to get all the facts sorted so no matter what they do i no if they can get away with it or not. Baring in mind they have someone that works there that can't do one of the things that my partner can't do, but, this other person has nothing wrong with her, she just says she don't have the strength to do it so has to call someone else in to do it where as my partner can't do it sue to her recent op.

 

Will also add, going back to work and slowly easing herself back into her job is the best physio she can get to get her knee working back how it should as it need using to build it back up to how it was before the op.

 

The end LOL:lol:

[Hacked_Off]

Only me. Another little problem but something i need a little help with..

 

My partner had an op on her knee and was off work for 7 weeks on sick.

 

The doc has now said she can go back on amended duties/light work, which means she can do 75% of her job as usual and needs an extra pair of hands for the odd 2 mins a couple of times a day to do a couple of things.

 

Her sick note from the docs says under the advisary notes about light dutes so covered there.

 

She went in for 3 shifts and the deputy manager didnt have a problem with it but the manager came back in monday and rang my partner and told her she's not to come back to work as she's not fit for work and told her to go and see the doctor again to get sick note.

 

Went next day to see doc who stuck by what he said about light duties and even looked through her work contract and said you can do pretty much everything they expect apart from 2 things which she would need a hand with for a min or 2 here and there. They help each other out anyway so its not a big deal as far the any of the other staff are concerned.

 

Rang place of work saying done what you asked and doctor is sticking to what he said, i can come back on amended duties/light work where needed.

 

There are refusing to let her come back to work still. Asked them what happens about wages then as she is fit for work (on the docs say so) so stat sick pay is no longer paid. They said, you will have to ring the social and sign on for now till your 100% fit for work.

 

So i rung the social but as she has a job and can't be activly seeking work she is not entitled to anything.

 

So, HELP, what do we do. I need the legal side of can they refuse to meet her half way and not even try to help.

All they need to do is make sure she's working on her shifts with someone they trust that they no is happy to help out a bit here and there.

 

I'm realy stuck with this and want to get all the facts sorted so no matter what they do i no if they can get away with it or not. Baring in mind they have someone that works there that can't do one of the things that my partner can't do, but, this other person has nothing wrong with her, she just says she don't have the strength to do it so has to call someone else in to do it where as my partner can't do it sue to her recent op.

 

Will also add, going back to work and slowly easing herself back into her job is the best physio she can get to get her knee working back how it should as it need using to build it back up to how it was before the op.

 

The end LOL:lol:

 

Look up medical suspension and DEMAND it!!!

[Kitten1]

Contact ACAS for more advice. Something is not right here.....

[nohope]

Tried acas and they said they should allow her back but check with cab to get the legal side of it.

[assisted blonde]

As I understand it the fit note that the doctor signs can only recommend restricted duties the company dont have to abide by the Drs recommendation. So can she not go back to the Dr and ask him to either sign her off as fit or unfit without any recommendations? if other people help out anyway could your partner not just go back and ask for help with the things that are a problem, i dont know what type of work it is so I suppose it would depend on what it is she cant do.

Just thinking that this might be the quickest way back to getting paid especially as you say another person dosnt do some things and gets help.

[lbruk]

If you have been told by work not to come in due to them not wanting you there because of medical reasons, then you are entitled to be paid on full salary.

[Browncow]

If you have been told by work not to come in due to them not wanting you there because of medical reasons, then you are entitled to be paid on full salary.

However, the employer can treat your fit note as a sick note if there are any restrictions or adjustments asked for - that means if the note says anthing less than fully fit.

The YouGov website glosses over that bit but I found out when I produced a fit note asking for adjustments and had to fight for 6 months to get back to work.

[nohope]

Going back and asking for help a couple of times a day for about 2 mins a time is all she needs in the way of help but work are refusing even to do it on that basis.

 

There not prepared to help at all as far as allowing her to go back and just be helped every now and then.

 

Her work just have a don't care attitude.

[nohope]

As I understand it the fit note that the doctor signs can only recommend restricted duties the company dont have to abide by the Drs recommendation. So can she not go back to the Dr and ask him to either sign her off as fit or unfit without any recommendations? if other people help out anyway could your partner not just go back and ask for help with the things that are a problem, i dont know what type of work it is so I suppose it would depend on what it is she cant do.

Just thinking that this might be the quickest way back to getting paid especially as you say another person dosnt do some things and gets help.

 

She works in a care home looking after elderly people.

 

As i said earlyer, there is another person in a higher position there that can not do one of the jobs as they say they can't phisically do this one part of the job and they just ask someone else to do it which only takes 2 mins. Yet my partner has had an operation which stops her doing this one thing for now until she easy's herself back into the job.

 

The main thing is, the 2 bits of the job she will have a bit of trouble with only equates to maybe 15% of her normal job that she needs a hand with so juggling the shifts about to make sure she's on with staff that are more than capable of doing the 2 bits she can't do would not take much thought as 99% of the staff there do everything without any problem.

 

She has been with them for over a year now and the only time she has had of sick is when she had her operation. Other than that she is one of the ones that will cover extra shifts if they are short staffed or someone phones in sick. She has even done a day shift then got a few hours sleep and covered a night shift then come home and slep for the morning then gone back for an afternoon shift. She has helped them out no end when they are short staffed and to be treated how they are treating her seems completely unfare.

[nohope]

Took its time but finally got them over a barrel. Handed them a printout of what the .gov site says they must do and after a week they had 2 choices, 1) medical suspension on full pay or 2) let her back to work on full pay, oh surprise, she's back at work lol..

[DES_1001]

Well done you beat them, don't forget if you have lost and money over this they should pay you back as they were at fault

[honeybee13]

Well done you. There is 'hope' then .

 

Would you like your thread title changed to reflect your victory?

 

My best, HB

[nohope]

They do owe some money but its not enough for the amount of hassle it would cause my partner at work to try and get it out of them. I'm happy with the fact they had to back down as they think they know everything yet joe public here put them straight and they had to eat humble pie lol..

 

Yes please honeybee..

[lbruk]

well done!

[nohope]

Another update,,,

 

Work was fine to start with but then started to do risk assessments at the end of each week on her, very basic sheet of paper with can you do all your duty's and how much pain are you in using from 1 to 10 type thing. Also asking how much pain she is in after a shift.

 

She's been honest with them and some days are fine and some she is in a little pain but thats to be expected after an operation while her knee settles down and he muscle needs to build up a bit above her knee.

 

Originally when they wouldn't let her back to work they asked her to take her job description sheet to the docs and get him to decide if she can go back to work which as you can tell from the other posts the doc was fine but a small revision on 2 of her duty's.

 

Now, after having to do the whole take your job description to the docs twice in 4 weeks because they don't remember asking her to do it the first time (surprise surprise..) which in turn they decided to let her back in, they have now asked her to see the doc again with her job description and a letter from them asking if he feels she is fit for work. Plus they are now doing daily risk assessments.

 

She told them that she's done it twice already and the doc said she's fine so not doing it again, so now they have sent a letter to the doc along with her job description asking if she's fit for work.

 

To me this is getting to the point of harassment as its been on going even though she is doing all her duty's and not asking for any help with anything, she didn't even ask for any help when she went back after her op, she just got on with it.

 

They say they are only doing all this out of concern for her which seems a bit odd given how they were after she wanted to go back to work after her op.

 

She has been back to the hospital for a checkup and they have referred her for physio as she still needs to exorcise the muscle above her knee to build it up quicker. Other than that is a clean bill of health.

 

On top of this, on some shifts she does she gets more people to take care of than the other 2 on shift at the time then ends up doing teas and sorting the kitchen out and a few other bits while the other 2 staff are lucky to do half the work compared to what she has done, normally a lot less than she does to be honest, yet they are still farting about with risk assessments and now the whole doctors fit for work rubbish.

 

They have a few staff there that are for ever throwing sickies for one reason or another yet my partner is always in on every shift, normally up to 30 mins before her shift actually starts, she quite often leaves late as she likes to finish what shes doing rather than hand a half sorted resident over to the next shift to carry on with.

 

If she was having to much of a problem she would soon tell them and take time of if she needed it but she's fine to work.

 

This is getting beyond a joke now, its like she's just getting picked on for wanting to work.

 

I'm going to look into there grievance procedure later and start typing up a letter but is there anything else i can do as she is being unfairly treated?

[becky2585]

Just bumping for you. I think the site team might need to alter your thread title back!

[Emmzzi]

"My doctor has said I am fine. I am going to write to my doctor to ask him not to reply any more; you have all the reassuarnce you need and I am entitled to withdraw my consent now. If you need further guidance I will be happy to see a private Occ Health doctor at your expense. But the NHS is busy enough"

[postggj]

how large is your employer (staff numbers)

 

it is a legal requirement under health and safety to do a back to work interview (risk assessmant)#but one is normally enough unless a staged assessmant is needed such as pegnancy or a degenertative condition

 

it all comes under the management of health and safety at work regs

 

your employer should be refering you to an occupational health advisor who should be in contact with your employer to do a back to work plan if needed

[nohope]

The home she works at has 26 staff in total not including the managers and Secretary.

 

When she did finally get them to take her back they did a risk assessment then after a couple of weeks they started to do 1 a week and now that are doing 1 a day.

 

They have not sent her to an occupational health advisor even though one of the printouts she took in about medical suspension from the .Gov site made it clear that seeing one was there responsibility if they thought there was a risk or still an on going problem.

[Dirtydub]

Took its time but finally got them over a barrel. Handed them a printout of what the .gov site says they must do and after a week they had 2 choices, 1) medical suspension on full pay or 2) let her back to work on full pay, oh surprise, she's back at work lol..

 

This is a very similar sotuation to what I am facing and I was hoping you could send me the link for where you found out the information in this post. Would be massively appreciated

[nohope]

http://webarchive.nationalarchives.gov.uk/20081105152921/direct.gov.uk/en/Employment/Employees/HealthAndSafetyAtWork/DG_10026595

 

That should be the one, its what made my OH employer take notice and back down.