Told by employer to leave work because I am using crutches to aid walking

[Carlo1988]

I injured my knee two and half weeks ago and I am due to go into hospital shortly. I have attended work on crutches during this time but last week my employers told me that I would need to get a certificate from my doctor to say I was fit for work. I duly went to the doctor who advised that he would not do this as he had not signed me off work and I hadn't been on the sick, he did however provide me with a written letter which stated that I was happy and felt healthy enough to attend work for the two and half weeks since the injury. I attended work on Friday 19th Oct to be told that if I attended work again on Monday I would be told to leave the premises due to me using crutches as they felt they were a health and safety issue to myself and my colleagues. I am an admin worker in an office and I am sat at my desk only getting up to use the facilities that I require throughout the working day. I want to know if they have the right to stop me going onto the premises, they have not given me any written documentation explaining the reasons why they will not allow me into the office and I am afraid that if I do not attend then, this will go against my sickness record and as I will be off work after the operation then this will be another mark against my sickness record.

[postggj]

yes, they have every right, at the end of the day you are an employee and they are the employer

 

on a side note, the employer has a legal obligation for your welfare and anybody on the premises under

the Management of Health and Safety at Work Regulations

 

what needs to happen is the employer to do a risk assessment on you if your doctor is happy for you to continue in work till your operation

 

things that need to be considered are things like

 

stairs

fire escape/regulations

etc

 

most absece procedure is done over a 12 month period and the amount of absence in that year. i dont know what yours is but thats the norm. going into hospital is a valid reason and at any stage interview, this will be taken into consideration. at the end of the day its not your fault you are injured. its even better if the injury was while at work.,

[Carlo1988]

Grateful for the information and I do understand they have to abide by the Management of Health and Safety at Work Regulations and take into consideration others welfare but are my employers obliged to provide me with any written confirmation of the assessment and outcome.

 

My concern is what happens if I end up on crutches to aid my walking for months after the operation or even permanently and even if my doctor signs me off as fit for work, would my employers have to reassess the risks and would I have any rights at all if they decided to dismiss me because I was permanently on crutches?

[postggj]

the normal routine then would be to refer you to occupational health for a back to work plan,

they will give you a copy of any report to your employer on your condition and prognosis

they will recommend any adjusted duties if applicable until you reach your full potential. believe me your employer will want you back at work as quickly as poss, if on crutches, their is no problem as long as adaquate risk assessments have been completed

 

in this circumstance, they can only , and i will not use the word dismiss, but made redundant through ill health retirement or capability, but that is quite rare and only after a long drawn out process

 

their are laws like disability discrimination that would fit in the worse case sinario but lets get you fit and well first and not dwell on things that may happen

[Sidewinder]

I have edited the thread and your OP to clarify that the employeR told you to leave work, not the employeE

[Sidewinder]

Just to add that if they sent you home from work, you should still be receiving full pay, not unpaid sickness absence.

[Emmzzi]

most absece procedure is done over a 12 month period and the amount of absence in that year. i dont know what yours is but thats the norm. going into hospital is a valid reason and at any stage interview, this will be taken into consideration. at the end of the day its not your fault you are injured. its even better if the injury was while at work.,

 

All absence procedures assume all absences are "valid" so not quite sure what you mean by "taken into consideration."

 

OP, I woukd ask you employer for an OH referaland a risk assessment to be done as above. I would also WRITE and state your GP will not issue a fit note, as you are fit for an office job. Ask for confirmation of the date on which the risk assessments will have been done and you can return from "medical suspension."

[becky2585]

Just to add that if they sent you home from work, you should still be receiving full pay, not unpaid sickness absence.

 

Would that not be the case if the GP had said the OP was fit for work? From what I understand, the GP has also said currently unfit for work - if that's the case, arguably normal sick pay provisions would apply after the OP has handed in the fit note.

 

Also to add to southern jessys post - redundancy wouldn't apply here - a capability dismissal is a separate entity. But I don't think the OP will have that problem (hopefully)!