Fitness for work note (Med 3 Note)

[Leadhammer]

Hi all,

 

Im currently off work due to depression caused as my doctor see's it as bullying tactics from my employer, im just trying to get some thoughts on the below letter i have typed in that every employee recieved last friday 23 April.

 

"Dear all

 

This letter is to update you all that medical notes from your GP and/or Hospital have changed as of 6th April 2010.

 

Doctors now have the option of advising that:

 

x You are not fit for work

OR

x You maybe fit for work taking into account of the following advise

x If available and with your employers agreement, you may benefit from:

x A Phased return to work

x Altered hours

x Amended duties

x Workplace adaptations

 

Based on the advise of our Occupational Health Advisorand in consultation with your line manager and HR, we will carry out a risk assessment and consider the comments of your GP, then a decision will be made as to whether the restrictions and recommendations can be accommodated or not.

The recommendations from this assessment will overrule the comments from your doctor or the hospital.

 

You will be notified of the outcome in writing with confirmation of a return to work date if you can be accommodated or confirmation that you are covered by your medical note if you can not.

 

If you are notified that we can accommodate the recommendations of your GP and are given a return to work date which you then fail to return on; your absence will be unauthorised and may lead to disciplinary action."

 

I have in last few weeks been subjected to these assessments where my doctor has specificly stated you are not fit for work, and pretty much this is where my employer has started more bullying saying that they are going to write to my doctor to try and overturn my doctors medical note under there reccommendations and also to get a full report on my health in general this has happened twice now each time i havent recieved any outcome of what they said they where going to do.

 

To be honest im now at my wits end not knowing what to do i am in a union and altho im aloud repesentation im never given that option when they sit me down in these assessments but also in the know that our union rep is married to a section manager in the department that i work in scares me a little that what is said could be convayed back to the area i work in which i dont want.

 

Any sudgestions and thoughs are most welcomed.

 

Thanks

 

Leadhammer

[ukstudent]

Contact the Citizens Advice Bureau

[1960boy]

We have a similar message but yours seems far more severe!

[Saffy]

Give ACAS a call ...

 

http://www.acas.org.uk/index.aspx?articleid=1410

[Lorri]

'Fit for Work' Notes have replaced 'Sick' Notes

http://www.acas.org.uk/index.aspx?articleid=2832

 

This is the only bit I'm not sure about...

The recommendations from this assessment will overrule the comments from your doctor or the hospital.

 

You will be notified of the outcome in writing with confirmation of a return to work date if you can be accommodated or confirmation that you are covered by your medical note if you can not.

 

But the rest of it sounds like standard procedure. If you've been off for a while your employer has every right to request a Dr's report with your permission. There's more info on Acas about the procedure, but have you got a copy of the Sickness Absence Policy?

[Leadhammer]

Yes Thanks Lorri, im aware that most of this is standard practice but as you pointed out yourself the part of the paragraph stating

 

The recommendations from this assessment will overrule the comments from your doctor or the hospital.

 

You will be notified of the outcome in writing with confirmation of a return to work date if you can be accommodated or confirmation that you are covered by your medical note if you can not.

 

are the bits that are raising concern for myself, i mean the doctor has signed me off for a reason and not just so that an employer who dosent know my medical history can overrule it surely, i will be looking into this further as and when i can get to see my usual doctor i shall be showing him the letter in full, in the hope he can advise me further on the medical law with employers.

[libuse]

Yes Thanks Lorri, im aware that most of this is standard practice but as you pointed out yourself the part of the paragraph stating

 

The recommendations from this assessment will overrule the comments from your doctor or the hospital.

 

You will be notified of the outcome in writing with confirmation of a return to work date if you can be accommodated or confirmation that you are covered by your medical note if you can not.

 

are the bits that are raising concern for myself, i mean the doctor has signed me off for a reason and not just so that an employer who dosent know my medical history can overrule it surely, i will be looking into this further as and when i can get to see my usual doctor i shall be showing him the letter in full, in the hope he can advise me further on the medical law with employers.

 

I read that the opposite way to you. I can see if an employer was faced with a doctor's letter saying that this person can work but due to the limitations of their condition can only work half days and on restricted duties (random example) then they could overrule the letter, in the sense that they can say that they can't accommodate it and therefore the person must stay off sick. I really can't see that they can overrule the same letter by saying that the employee must return to work on full days and full duties - if they were going to do that they wouldn't be operating within their employers' liability insurance conditions. I think that you might have interpreted their letter incorrectly (I hope that this is the case)

 

Regarding your concerns about your union rep being too close to management, I'd suggest contact your branch and ask for branch representation because of the local conflict.

[ricgem2002]

the bit which you typed in bold is that a added bit your employer added to a template of whats in the actual fitness for work note? if this is the case i would have thought this would be illegal or any employer would be able to type in anything that suited them

[Leadhammer]

the bit which you typed in bold is that a added bit your employer added to a template of whats in the actual fitness for work note? if this is the case i would have thought this would be illegal or any employer would be able to type in anything that suited them

 

There was a letter that my employer gave to everyone late last week i recieved mine through the post with my wage slips the bold bit was a section in a paragraph in that letter full copy of the letter is in my original first post altho looking at it from the other angle as libuse pointed out could be a possability, but still if that is indeed the case the letter in my view is worded wrongly i dont know how it could be worded better if indeed the case but this is the general attitude of the company i work for which has left me in a possition where i think i have been bullied and also my doctor believes the same ie me ending up being treated for depression.