can they keep me from working if i been deemed fit

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

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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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......

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/

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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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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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

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.

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

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

tommyg2014 said:

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

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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.

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........

tommyg2014 said:

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

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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.