Not Fit For Work Note

[bluebottle]

Re: Not Fit For Work Note

Thank you for that Sapphy. I certainly do stand up for myself and others at work who are afraid to say anything, sometimes it's difficult to say the right thing when management come out with a load of muddled up jargon to try & confuse you but, I will always check something out. I think it might be time to join the Union. Thanks again for all your support, it is very much appreciated.

Once you have spoken to the HSE, Ali, would you please come back to this thread and let us know what they have said or recommended?

Bluebottle

[alibasset]

Re: Not Fit For Work Note

Hi Bluebottle,

Yes, I will certainly let you know what they said. Thank you

[Celestine]

Re: Not Fit For Work Note

Hi Ali

Can I just ask? Do you work directly for a the college/university or do you work for a contractor who won the contract via a formal tendering process?

xx

[alibasset]

Re: Not Fit For Work Note

Hi everyone,

Just to let you all know that I have spoken to Acas about the points mentioned on this thread. They have said the following:

It is not a legal requirement for an employee to be sent to Ocupational Health after the length of time I have personally been off work. This is down to the individual company's own 'Company Policy' as to whether or not they send an employee to OH.

As far as the 'phased back to work' goes, this is only put into practice if the Ocupational Health has decided it is necessary or, if the doctor as requested this to happen.

Acas was not able to answer my question about 'Risk Assessement' as this is a legal issue and they are not trained to deal with legal matters.

It pretty much look's like my employer has not done anything major wrong, apart from having very, very bad management skills.

I will now soilder on into the night & be thankful that I have a job at all that I can moan about.

Thank you once again to everyone who has taken the trouble to post here. I have appreciated the time that everyone has put into helping me.

[bluebottle]

Re: Not Fit For Work Note

Hi everyone,

Just to let you all know that I have spoken to Acas about the points mentioned on this thread. They have said the following:

It is not a legal requirement for an employee to be sent to Ocupational Health after the length of time I have personally been off work. This is down to the individual company's own 'Company Policy' as to whether or not they send an employee to OH.

As far as the 'phased back to work' goes, this is only put into practice if the Ocupational Health has decided it is necessary or, if the doctor as requested this to happen.

Acas was not able to answer my question about 'Risk Assessement' as this is a legal issue and they are not trained to deal with legal matters.

It pretty much look's like my employer has not done anything major wrong, apart from having very, very bad management skills.

I will now soilder on into the night & be thankful that I have a job at all that I can moan about.

Thank you once again to everyone who has taken the trouble to post here. I have appreciated the time that everyone has put into helping me.

Hi Ali,

Thank you for getting back to us. ACAS deal purely with employment matters, not health and safety matters, which is the responsibility of HSE.

If your surgeon has told you to return to work as normal, all well and good. However, a phased return to work is something a doctor will specify on the MED 3 (Doctor's Certificate) that is given to employees who have been off sick where the doctor considers this to be necessary. If an employer ignores what the doctor has said, the person returns to work against or not in compliance with medical advice, both the employee and the employer are potentially in breach of Health and Safety Law.

Risk Assessments are a legal requirement under Health and Safety Law. Consultation with your surgeon or GP would satisfy that requirement.

Your employer's HR Department has committed an offence under Section 2, Protection from Harassment Act 1997 by them ringing you repeatedly to ask you when you would be returning to work, having previously been told you would be off sick for six weeks. As long as this has abated, I would let it go.

I would, however, advise you to speak to HSE about returning to work after an operation as this will arm you with the correct information should you ever have to go into hospital for surgery again.

All the best.

Bluebottle

[alibasset]

Re: Not Fit For Work Note

Hi Bluebottle

Thank you for your reply. I only have a couple of week's left on sick leave & I have had no hassle this time from HR although, I have been told the person who like's to have ago at employee's is on holiday. But I will certainly keep your advice in mind & thank you again for all your help & advice.

[bluebottle]

Re: Not Fit For Work Note

Hello Ali,

Glad to hear things have improved. It's been a pleasure to help you sort out the problems you were having. All the very best in the future.

Bluebottle