Occ Health says I'm fit for work, but employer says I'm not

[bigjim]

Hi.

I'm currently off work sick with lower back pain and have been for over 3 months now. I'm currently awaiting a referral to orthopaedics for X-rays/blood tests etc. I've recently had an Occ Health assessment which stated I was fit to resume work on amended duties. The duties specified are things my employer regularly offers to people returning from sick leave, so there is no issue with them being able to facilitate it. However, I've been told by my manager that I should stay off work until I have seen the orthopaedic consultant and received some kind of diagnosis/treatment plan, as they are concerned that a return to work could make my back pain worse.

I am currently receiving half-pay only, so am obviously keen to return to work and feel safe to do so. Just wanting some advice on where I stand with this? It doesn't seem right that both myself and a medical professional can agree that I'm fit to resume work, and yet my employee can say that I'm not.

After a quick Google I'm also reading about being suspended on medical grounds - is this what they're suggesting, and is this applicable in this case? It hasn't been mentioned to me, just that I'm to stay off work.

Many thanks for any help!

[ULA]

You speak of occupational health (OH) and a referral to orthopaedics for further test etc but what of your GP are you signed off from work by them?

Was it the company that instigated to the OH referral?

You employer can suspend you for medical or health and safety reasons for up to 26 weeks on full pay as long as you have been employed for at least one month.

[bigjim]

You speak of occupational health (OH) and a referral to orthopaedics for further test etc but what of your GP are you signed off from work by them?

Was it the company that instigated to the OH referral?

You employer can suspend you for medical or health and safety reasons for up to 26 weeks on full pay as long as you have been employed for at least one month.

My GP has signed me off but my fit note expired on the day of my OH assessment - which, yes, was instigated by my employer.

[ULA]

How long have you been off?

I understand your employer's concerns but if your GP is happy for you to be back at work and so is OH, with some adjustments that have previously been provided to other staff, then I am not sure why they are not prepared to have you back on that basis, even if they tried it for a trial period.

If you have an HR department, I would suggest that you email them and ask why you are being requested to stay off work on half pay by your manager, when your GP says you are fit to return to work and OH have suggested some adjustments which have been offered to other staff returning to work.

[bigjim]

Thanks for the advice. I’ve actually just heard back from my union rep who’s confirmed the company are bound by OH recommendations and that they should have been followed. Just got to find out what the appeal process is now and whether it’s worth the added stress going through it. Thanks again.

[PallasAthena]

Thanks for the advice. I’ve actually just heard back from my union rep who’s confirmed the company are bound by OH recommendations and that they should have been followed. .

I'm sure ULA will comment but I will just say that I do not believe your union rep is correct. I have had dealings with OH on a number of occasions and the legal team have always advised that OH recommendations are just that. Recommendations, not instructions that have to be followed.

The employer must act reasonably of course - consider the OH recommendations and take them into account - but the final decision is for the employer to take, not OH

[ULA]

Unfortunately PallasAthena is correct you have been misinformed by your union. The company is not bound by OH recommendations, they are required to give them reasonable consideration but they can decide not to put them into place, however in doing so they should give you the reasons for this.

My advice as per the last paragraph of my post #4 still stands.

[bigjim]

Unfortunately PallasAthena is correct you have been misinformed by your union. The company is not bound by OH recommendations, they are required to give them reasonable consideration but they can decide not to put them into place, however in doing so they should give you the reasons for this.

My advice as per the last paragraph of my post #4 still stands.

Yes, after doing a lot of Googling I think you may be right - but maybe not! In my terms and conditions it does say this:

"Employees, who are deemed as temporarily unfit for full duties, will be allocated to suitable alternative duties until passed fit by the O.H.S Doctor. Individuals who are temporallyaccommodated in accordance with the above will retain their normal salary." So it's a bit of a grey area.

I've also found on the ACAS website:

"If the employee feels they are well enough to work, they should make this clear to their employer.
Their employer might still insist that they should not work. In this case, the time off should not be counted as sick leave.
As the employer has made the decision for their employee not to work, they should pay them their usual pay."

Though, again, this may be complicated by the fact that I've been deemed fit enough for adjusted duties, but not full duties.

Although my manager hasn't said there's any issue with implementing the adjustments, so maybe not....

Very confused!

I think my best course of action may be to email my manager and just ask for more clarity on the reasons why I'm not being allowed to resume work and what assessments they have made that my return to work may be detrimental to my health, despite Occ Health saying the contrary. I'm assuming there should be some policy for deciding this, rather than just one person's opinion, and a medically-untrained one at that?

I also have a suspicion that this may be a way for them to run down my sick pay entitlement, as they sense that there may be some treatment/surgery on the horizon that would require more time off and, if I resume in the meantime, my sick pay entitlement would then reset.

[ULA]

Sorry for some reason I was not alerted to your response. Even with the information you have found following your review of the terms and conditions of employment and Google I really do think your best course of action would be as I suggested at the end of my post #4:

"If you have an HR department, I would suggest that you email them and ask why you are being requested to stay off work on half pay by your manager, when your GP says you are fit to return to work and OH have suggested some adjustments which have been offered to other staff returning to work."

This is effectively the conclusion you have come to in your last post by sending something similar to your manager but I would at least copy in HR. Once you have a response to that then we can advise on anything further.