Employer keeping me off work when fit

[SAPFO]

I'll try to briefly summarise the long standing issues so as not to confuse too much. Please ask if you require further information on anything to help you reply.


April - Nov 2018 - Signed off with 'work related stress'. This is an issue that dates back to July 2016, where the company have tried to bury a grievance I put in with delay tactics. This was the 2nd absence relating to the issue. It took over 2 years to conclude. Work had pressured me to return.

Sept 2018 - Diagnosed with ADHD as an adult, which explains a few things in life. I don't see this as a barrier to my work.

Dec 2018 - I made it know I wanted to return, but things had changed. They first tried to palm me off with some Aviva income protection forms for some physical injuries I'd had diagnosed while off. Sort of like 'paying me off' I felt. I have tendonitis in my shoulders. I did say I am prepared to work with this issues and trial any job, as I feel it is manageable, but they were insistent on loading me up with restrictions that would make finding a role impossible. I had about 7 restriction on the sheet, and so the search for jobs within the plant came back as 'NO JOBS SUITABLE'.

I made it know I did not agree with the restrictions, and so I sat with the company DR to sort this out. He removed 4 of them, mainly due to them being ridiculous, or more of less the same as others. He declared I am fit to return to work on Jan 2nd 2019, but I was told not to return until a role is found....

Now the company is undergoing a huge restructuring, and had offered voluntary redundancies. Hundreds of these left at the end of January, and there were jobs I could have slotted straight into. I have many mated within the site, and mates who've retired, they all agree I could have taken those jobs if I'd been allowed to come back on Jan 2nd, and started to trial the jobs of the people leaving gather business.

I felt at this point that I am being managed out due to the business making cuts. It's a large manufacturer, employing 10k on my site alone, so many potential roles.

I email HR, and ask why I have been put at a disadvantage, and that I know there are many potential roles from people leaving that I could be considered for. The reply was that there are that they've done a search, and there are 'some roles for you to trial'

I was invited to an absence review Feb 14th to discuss these. I was given 8 to consider, and was told to 'wait for a call tomorrow', to return on Monday (today). I got the call Friday. It was to tell me the jobs had been given out. Notably, she did not leave me a message, or email me as usual. This was phone audio.


So from Dec until now, I am having to put in 'FIT NOTES' from my own DR, that say "FIT FOR WORK', yet I am still being paid reduced sick pay.


My 2 issues are:

1) My sickness is currently being extended by the company not allowing me to return, and I am losing money because of it.

2) I have been put in a majorly unfair position with regards to finding a role by not being allowed to return when I know for a fact there were jobs I could do. nNo other people are being kept off, they are there trialing out jobs.


Also, I recently done a SAR request, and have found an email between Senior HR & HR telling them to make sure I do not return until they've 'found a role'.



Any advice? Union are useless by the way, although I was thinking of emailing my concerns to the top union man just to have it logged.

[ULA]

Do you know if there is any contractual right for them to a) send you home without pay or b) require you to stay at home even if you are fit to return to work and withhold pay? It is unlikely but I just need to check.

Also, from what you are saying your Dr has confirmed that you were fit to return to work on 2 Jan and remain fit. On the Fitness to Work notices is there any guidance as to type of work, reasonable adjustment or just plain you can go back to work?

If you can return to work without any restriction and your employer as, they are doing, refuses to allow you to return to work, even though your G.P says that you are fit to work, then your employer must pay you your full wages, unless your employment contract says something different.

If the answer to my first two questions is no then I would suggest that you write to your employer and ask them as to the delay in allowing your return to work? You may then want to “gently” point out that since you are fit to work, as declared by your GP, their continued refusal to allow you to return does not mean they can disregard your contractual right to payment of wages. Point out that since there is nothing stated in your contract that gives them the express right to withhold payment you will expect payment for the period from when you were fit to return to work.

[SAPFO]

As far as I am aware there is no right for them to keep me off. In fact in the past, they have actually collected injured workers from home so as not to have a ‘lost time accident’ against them.

I am also being paid a fair sum, but not 100% pay.

I think my Dr note says Fit - and there is a box ticked about suitable roles. This was not my regular Dr, and in hindsight I’d have preferred a Fit with no conditions. My employer did not have this note at the time they weee sending internal emails conspiring to keep me off.

I am due due to get another note. I will ensure this one is Fit only. Can I correct the last note and hand that in of my Dr agrees?

[ULA]

Does the Fit not detail about suitable roles i.e. an explanation about what you cannot/can do.

You cannot correct your note. You may be able to speak to the Dr when you go and see him to establish whether he would be willing to provide a new one.

[SAPFO]

Just had a look at the note.

**You may be fit for work**

**Amended duties**

**Comments: Not kneeling**


That rules out about 1% of jobs on site

[ULA]

Ok therefore no major limitation on what you can go back to work to do.

I would suggest that you do go ahead and write to your employer as per post #2