can they keep me from working if i been deemed fit

[tommyg2014]

i have just been diagonalised with type 1 diabetes, i was off work for 2 weeks and my dr has gave me a fit for work note and i also got letter from diabetes nurse saying i was fit, on the first day back in ended up have a bit of a serious hypo my blood was only 1.6. I went home and decided not to go in the next day(friday) because i was still on nights, but would be back on days the following week.

after i spoke to them on friday they rang me back saying they wanted me to see the occupational health before they would let me back in, So i went there and was with him and with my group leader in the room the dr said i could return on days and the group leader agreed and was happy with that.
but when i got home the agency i work for (i am a agency worker but im permanent agency so i do have some rights at least) rang me and said they dont want me to return to work untill 24th aug which is 4 weeks away,

But ive already been giving all clear but my dr and DN and by there own dr in occ, They have asked me to get another sick not from when i was off till the 24th.

Can they make me get another one if ive already been deemed fit, if i get the sick note i will only get £80 a week should i demand they let me back in or suspend me with full pay?

Hope i can get a reply and thanks for time
tommy g

 

[noblehead]

I would contact the company you work for (not the agency) and ask them if they know why the agency has said you can't return to work until 4 weeks time, this despite their OH and group leader saying you were fine to work days, it doesn't make any sense

 

[Mrsass]

Oh no Tommy that's terrible, I would definitely speak to someone within the company and ask for this to be explained as it does not seem at all reasonable from my point of view! Hope it all works out x


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[tommyg2014]

hey to be honest the agency is integrated into the factory i work so ringing them direct has no bearing on it as they all work together anyway,

i spoke to agency today and said im unwilling to get a sick note as they have deemed me fit, i also been to see DN today and she agrees that they have no right to tell me not to come in as non of the restrictions apply to me, only the shift work restriction, but i don't need to be on nights until after the appointment they have give me anyway.

i said that unless i can return to work they will have to suspend me with pay, as i am willing and deemed fit, they said they will get back to me so ill let you guys know i get anywhere with this

 

[novorapidboi26]

I would sit back down with the bosses, occupational health and agency bosses to get them all signing from the same hymn sheet......

your fit for work, there may be some modifications needed due to you being a bit unstable being just recently diagnosed, but you are fit.......

you might need to take some time to test more and/or treat hypos.....these kind of things will need to be considered......

 

[catherinecherub]

Hi tommy,

If things do not get resolved to your satisfaction then you could ring the careline on DUK who should be able to give you some advice.

http://www.diabetes.org.uk/How_we_help/Talk-to-someone/Careline/

 

[Loobles]

I had a similar issue but after i had a chest infection. Doc thought i was fine...i felt fine...got to work and they thought i looked **** so sent me to occ health. We agreed a phased return to work as occ health preferred the cautious approach. When i asked if they were allowed to do that they told me if they wanted they could have actually stopped me working regardless of what my GP thought. So yes it can and does happen that employers go against fit notes. Can't they just get rid of your night shifts? Most employers that are helpful would i'm sure. I've worked in occ health and i remember we did our best to keep people working even if accommodations had to be made.

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[tommyg2014]

hi they have said they cant have me back even tho everybody has said im ok. i have had to get a doctors note till the 26th when i have the next visit with OH, i had to get it or i wouldn't get any money but i have got a copy of the OH report and it even has a tick in restricted box and not the absent box, i rang them and they said its because they cant accommodate the restrictions even tho i dont need to be on nights till after the appointment date.
all i can do is wait till that date and if they still don't let me go back i will have to look into finding out how i start the process of a discrimination case.

 

[Mrsass]

I can't believe what I'm reading I didn't think a company would be allowed to do this! I'll keep my fingers crossed for you that everything works out cos this is stress you don't need and hopefully that doesn't effect your bg!! Xx


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[Bev18]

You've answered it yourself, they won't or don't want to accommodate your no night shifts. If you have a union join it check they will cover you as its an existing issue . And you can ring acas for free advice. How much service do you have? you need over 2 years to lodge a tribunal claim ? And I don't like the agency employed but permanent bit I bet there is a get out clause.

Do you have an HR dept you could raise it with them.

Good luck

 

[tommyg2014]

hi everybody, just another update, i went and saw the occ health on tue 26th like arranged, there occ health dr said basicall theres no change so same restrictions apply, the agencie have said they are waiting for him to answer there questions and i need to get another 2 week sick note, i have told them im going to lodge a formal grievance with them as the dr told her in front of me that the only restrcion that applied was the night shift work, so there was no reason i couldnt of been in for the last few weeks on days. im really ****** of now esp as i have just had wage slip for this month and its less that 1/4 of my normal wage, i cant affordd to live on this :/
Bev18 i unfortunately have only been with them since last march so about 18 months :/ i spoke to a solicitor and they said i should lodge the grievance for loss of earning but untill they sack me theres no much else i can do :/

 

[Bev18]

Completely agree Tommy. I imagine you will be on statutory sick pay as well, i'm not sure if there's any benefits you could claim to help make the different in pay up. To be honest I think you need to look for a new job, with proper terms and conditions.

I would also ring OH every day, then follow it up in an email so you have an email trail - this will help your greivance appeal. Also speak to your GP just in case they're helpful and they might contact OH doctor as well.

It is true, OH can overrule your GP as the GP don't always know the job you do, but usually they look at both things. or if its handling machinery and the risk of hypo's that's what the factory is covering their backs for.

It is a form of medical suspension so another point for your greivance is that they should put you back on full pay as its them that's stopping you working.

 

[tommyg2014]

wow, ive just had another meeting with agency HR dep and they said there gonna try find me another placement that is days only or if not they will have to let me go!! ive got another meeting next thursday cant believe this

 

[tommyg2014]

well it went a bit better that i thought( i thought i was defo getting the sack, but they have said they want me to stay on sick till nov and do another review then, so im still in bad place as im gonna be getting **** wages till well after xmas now, but i suppose at least ive still got a job

 

[novorapidboi26]

all this over a diabetes diagnosis.............terrible...........

what is it you do exactly...........sorry if you have mentioned it already........

 

[tommyg2014]

i work as a assembler operative for the biggest car manufacturer in the WORLD i wont say there name but you will know the company, its a pisstake to be fair,
they have had another member (a temp agency worker, and im perm agencie) doing perm days for 5 months but they wont allow me to do it, i mentioned this in the meeting and all they would say is they cant discuss other people cases only mine, i told them it affects mine tho as they treating me differently to him but she just says i cant discuss him.
i have wish they would just saked me so i could of started a ball rolling on some sort tribunal,
oh well another day in paradse i suppose

 

[AndBreathe]

i work as a assembler operative for the biggest car manufacturer in the WORLD i wont say there name but you will know the company, its a pisstake to be fair,
they have had another member (a temp agency worker, and im perm agencie) doing perm days for 5 months but they wont allow me to do it, i mentioned this in the meeting and all they would say is they cant discuss other people cases only mine, i told them it affects mine tho as they treating me differently to him but she just says i cant discuss him.
i have wish they would just saked me so i could of started a ball rolling on some sort tribunal,
oh well another day in paradse i suppose

I have actively attended an Employment Tribunal once, as the Appeal Manager, which means the claimant had already been sacked, and I heard, and dismissed his appeal, meaning he stayed sacked. We (the employer) won the tribunal, but it was all around a stressful and unpleasant experience. I would urge you to avoid a tribunal if you can. I personally was questioned for almost a day by a barrister. It was exhausting, but not nearly as harrowing as it was for the claimant.

It's not cheap, and if you lose, you are at risk of being required to pay the other side's costs, which all add up. Your own fees (if it goes to a hearing) are over £1000. The other side's could be tens of thousands, as they will often have a barrister acting for them. For example, in the case I was involved in, the claimant had a barrister to represent him. We, the employer, had one barrister and one junior solicitor, for the three days of the hearing. So, even ignoring preparation and reading in time, the claimant was required to pay for 6 days barrister's time; ours was £4000 a day, solicitor at £2000 a day (court time is charged at a premium), so ours were £18,000, plus his own costs. So, that Friday, in Manchester wasn't a good day for that guy. (That said, he was dismissed for something very naughty, so it was hard to be too sympathetic.)

I'm not saying nobody should go to tribunal, just saying it's not pleasant, not cheap and high risk. It can ruin the claimant in more ways than one. Had we lost, we would have been required to reimburse all his costs, in all likelihood.

I hope you achieve a settled outcome.

 

[tommyg2014]

but him getting sacked for something 'very naughty' as you said is a lot different then bring saked for finding out they have a illness, ild be willing to take the chance

 

[novorapidboi26]

has the disability discrimination act been mentioned...........

your only recently diagnosed, that adjustment will be quick enough though.......

I assume your job requires at fairly high level of safety awareness and physical ability........this being the reason for their panic through fear of injury to you then them getting into big trouble........

 

[AndBreathe]

but him getting sacked for something 'very naughty' as you said is a lot different then bring saked for finding out they have a illness, ild be willing to take the chance

Of course the particulars are different, but the tenets are the same, "did the employer/employee deal with the scenario is a reasonable manner?", and was the outcome "reasonable". In order to reach their conclusions the panel hear all about the events, so there are full cross examinations which can get very tense.

It is possible to resign, if the employee feels their position is untenable, then go to a tribunal, but that is an even riskier scenario.