Is my employer being unreasonable?

[cgksheff]

............... your employer cannot allow you to work.

 

You didn't say "I think" that time.

 

You are mistaken. An employer can allow an employee back to work, but he would be well advised to have completed a written Risk Assessment prior to doing so.

[chloebo]

what diabolical company do you work for?

[Grandad.Malky]

You didn't say "I think" that time.

 

You are mistaken. An employer can allow an employee back to work, but he would be well advised to have completed a written Risk Assessment prior to doing so.

 

Risk assessment or no risk assessment they would have to be signed off by a doctor for them to return to work, people may break the rules but that’s what the rules say.

[cgksheff]

What rules would that be, then?

 

There is no general rule that forces all employers from doing as you wish.

There may be specific clauses in your specific employers' insurance.

There may be specific regulations within a specific company or public employer.

 

But there is nothing to stop me letting Doris come back to work tomorrow after the doctor signed her off work (on Monday) for a week with a sore throat.

[iansheff]

Many years ago I knew of someone who was off for a while and the owner kept ringing him up, the person off sick contacted the union or a solicitor and they said it was harassment and told the owner to stop contacting him asking if he was fit to work.

[MonkeyLover]

As others have said, i would think it is illegal to expect you to return to work when you have a sick note.

 

Also, i think it is unfair of them to expect you to ring in every day - especaily at 8.30 am.

 

I would just ignore both those requests and return to work when you are good and ready, and feeling in tip-top condition!

 

Are you in a union who may support you?

[Grandad.Malky]

What rules would that be, then?

 

 

So you are saying that the doctor that issued my note and then said the following to me doesn’t know what he is talking about.

 

Post 19

 

That’s exactly what the doctor told me when I broke a bone in my arm, he said “ if you drive you aren’t insured because I have told you not to and if you go to work your employer isn’t insured and would be liable if anything happened”

 

Where a Registered Medical Praticioner has "signed off" and employee as being unfit for work and the employee wishes to return before the note's expiry, the employer should either require a further note from the Doctor, advising the employee fit for work.

 

Otherwise, the employer may be liable for any perceievd risk to that person or other employees; of infection, for example, or, otherwise that the employee's inabilty to perform through illness, might result in unacceptabel risk (a fork lift operator, suffering dizzy spells, for example).

 

Ignoring the Doctor's sick note thus presents a potential liability for the employer, who, in the event of incident, might well find his only mittigation to be a written risk assessment, based on the employees fitness to work, at the time of the incident.

 

It is perhaps, unnecessarily complex but we live in a stupidly litigious time and large companies and Public Sector employers are thus especially vulnerable to Ambulance chasers.

 

The introduction of a “fit note” may make the situation a lot clearer.

[ben280489]

If you have a doctors note then surely you need to forget about work until your doctor thinks your ready to go back?

 

The last thing you want is to push yourself too soon and end up worse than you are now. Its obvious that you would work if you could.

 

They should leave you alone for a while.

[Worjackie]

I'm off sick at the moment, I have been for a while now due to complications with an operation. I've kept them informed, most weeks ringing them twice, to let them know that nothings changed (at their request). Every time something has changed, I've rang them immediately.

 

I've agreed to go back on Friday (even though I don't think I'm capable of working at the moment), as it's a short day and see how it goes. They've now asked me to ring in at 8:30am every day this week to see if I'm well enough to go in. I've got a sick note to cover the week, and I'm supposed to be resting where possible, so it's a bit annoying having to get up specifically to call them to let them know nothings changed. If I miraculously recover, then I'll go in - am I being unreasonable or are they?

 

Is it really that difficult to keep your mobile at your bedside, ring them at 08.30 and then go back to sleep?

 

I see you've made several posts on here while you've been off "sick". If you're well enough to be surfing internet forums, you're well enough to be at work.

[Alex C.]

Is it really that difficult to keep your mobile at your bedside, ring them at 08.30 and then go back to sleep?

 

I see you've made several posts on here while you've been off "sick". If you're well enough to be surfing internet forums, you're well enough to be at work.

 

I am capable of making ad hoc posts on SF, and using the laptop for a few hours a day. I can also rest my eyes whenever they get painful.

 

I am not capable of sitting in front of a computer for 8 hours (or even 4 hours) straight without getting extreme pain in my eyes. My work are fully aware of this, and have not been able to find me work to do that doesn't involve a computer.

 

On Sunday night, I was in a lot of pain and didn't get to sleep until about 5:30am. I don't really fancy the idea of waking up 3 hours later, then not being able to get back to sleep again because of the pain. How does that help at all?

 

That said, I see no need to justify why I'm off, or how ill I am. I've never had a sick note before, and don't intend on having one again.

 

This morning, I was awake and rang them.

 

However, to everyone else, thanks. I think I was just in a bit of a bad mood yesterday because I'm getting frustrated by it all.