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#1 Posted : 20 May 2004 11:46:00(UTC)
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Posted By margaretconlon If an employee wishes to return to work, after time of due to a work related accident, but the doctor, has recommended further time off. Can the employer refuse to take this employee back until fit to do their job, does anyone know what the law would say in such a case??
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#2 Posted : 20 May 2004 12:35:00(UTC)
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Posted By Joel Frorath Yes absolutley, if an employee is unfit to return to work on the advice of their Doctor, you should not allow the individual back until they are 100% fit to carry out their normal tasks. Even light duties are a bit dodgy. In my experience allowing people back to work has only exacerbated the problem causing more recovery time and in certain cases conflict with HSE and Insurance Companies. My advice: Don't let them back until the Doctors say they are ready!!
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#3 Posted : 20 May 2004 12:35:00(UTC)
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Posted By Little Helper I would say yes. You could try to give alternative work but then your delving into occupational health which is another ball game altogether. A little caution may be needed. It is just as easy to get signed off sick as it is to go on sick. Hence larger companies have a return to work plan and interview which sometimes involves a discussion with Occupational Health nurse/therapist etc.
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#4 Posted : 20 May 2004 15:01:00(UTC)
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Posted By Lewis T Roberts Margaret, You may well have a position available to the individual that may be in line with light or sedentry duties. A risk assessment is required for this but should no problem dependant on stairs and fire evacuation and defining duties, basically showing due diligence. If how ever you want to keep the individual away it becomes an issue of capability and if you consider that capability is deminished from their specific job function and there is medical evidence (their own doctor or better occupational doctor). Don't forget that if on the other hand it will be used for dismissal, capability may be proven but you will have to prove that you have been fair. That is to say that you have informed them that termination may be a possibility during a back to work interview and that there is a grieviance procedure available to them in the event of termination. Lew
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#5 Posted : 20 May 2004 22:10:00(UTC)
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Posted By Laurie I once told an employee who went off with stress that I would not permit them back on any part of the premises without a certificate from their doctor to say that they were now fit for work(this was for their protection, not the company's). I would not hesitate to do so again, Laurie
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#6 Posted : 21 May 2004 09:10:00(UTC)
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Posted By Nick Egan I don't think there is any way back without clearance from either the doctor, or your occupational medical adviser. I would also suggest a look at Coxall v Goodyear that give some insight into the civil courts view on the employers duty to act positively, even in the extreme to sack a worker who would be at risk. Interestingly the decenting view of one judge was that the employee might consent to take on the risk, rather than be unemployed. But it would have to be an informed choice and courts may have to consider it again.
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#7 Posted : 21 May 2004 13:49:00(UTC)
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Posted By George Wedgwood GPs usually have a risk-averse approach to occupational hazards and that is why they are happy to sign off for a long time until the paitent is 'right as rain' and nothing can be redirected at them for mal-practice. However, the employer has a different view and yes, assessment has to be done but only in conjunction with a specialist occupational health pracitioner (GPS usually know little about occ. health medicine). My company has retained the dervices of a private health-care company who offers call-off medical assessments, paid for at the point of delivery. These are very useful in cases like this and the Line manager will only pay for it once, usually (around £250-300 for a doctor's report to the employer). It is often very useful, given the cost of absence and replacement labour and sometimes you can get a miracle cure - some 'sick' employees quickly attend their own doctor and get signed off before the 'comapny' doctor gets a look! Sure, the employer wants fewer days lost - if you are measuring them, it is surprising how they mount up as a huge operational cost so it is a good KPI to keep an eye on. But managing return to work should be on every managers' agenda.
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#8 Posted : 21 May 2004 20:30:00(UTC)
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Posted By Hilary Charlton I would recommend that you do not take the employee back until the Doctor is happy that he is fit. If he is still signed off, coming in on a sick certificate can invalidate your insurance should anything happen to him so that is a definite no-no. Hilary
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