Posted By Ron Hindle can anyone help? my wife works in a care home and has just been in hospital for an operation,she has not been signed off yet from the Dr, yet her boss is putting her under pressure to return, the district nurse has advised my wife that she needs at least another 2 weeks off but her boss stated that the district nurse is talking a load of crap and she doesnt really need a signing off note please help thanks Ronnie

Posted By Kieran Duignan The reference to the WorkSmart site is useful but incomplete. Where an employer disregards the explicit guidance of a medical doctor, there may well be a prima facie case for constructive dismissal or unfair dismissal. In other words, the relevant primary legislation is not simply the Regulations under the Health and Safety at Work etc. Act 1974 but relevant employment rights legislation, eg. Employment Rights Act 1996. In the instance of care homes, it is possible that the manager may be violating the relevant Care Standards as well - and that he or she, in turn, is being illegally treated by senior management. The implication is the need to start putting the case of the unwell employee on paper, in case the matter has to be put to a county court, employment tribunal or Care Standards Inspector. A timeconsuming chore which may well wake management up to the need to use their own time more cost-effectively.

Posted By Bill Elliott Ronnie - sounds like a clear case of bullying - go with the advice of the other respondents - one can't let these tactics go unchallenged in this day and age. Care home - sounds like don't care home to me. Even if the care home manager is medically qualified they are not the one providing post operative care for your good lady. Health is so much more important than almost anything else, returning to work whilst not fully fit is a recipe for disaster. Although modern surgery techniques are less intrusive these days, it is surgery none the less and recuperation is very much down to the individual supported by professional medical expertise.