Rank: Guest 
|
Posted By Debbie S
I work for a transport company and we have a female night trunk driver at one of our depots who has been with us for 10 weeks.
I have just had an interesting chat with the depot manager and need some advise.He has informed me that the lady driver in question is due to have an operation in 2 weeks time that will involve an incision being made across her abdmomen (presumably a hysterectomy). She has told him that her doctor has said that she will need eight weeks off work to recover. She will only get Statutory Sick Pay during this period as per her terms of employment. She has asked if she can come back to work on light duties after two weeks (doing office work) and has said that if we don't allow her to do this she will not give us the 'sick note' from the doctor (which will sign her off for 8 weeks)and will take just two weeks unpaid and come back to work driving.She reckons that legally we cannot stop her if we have not seen sight of the 'sick certificate'
I know that our Employers Liability Insurance will not cover her if a sick note is still valid and that after a major operation our vehicle insurance requires a minimum of 4 weeks recovery or clearance from her GP to drive again, and she certainly won't be insured after only 2 weeks.
She threatining tribunals (sex discrimination)
Can we write to her GP and ask for a copy of the certificate if she refuses to hand it over.
In anticipation
|
|
|
|
|
|
Rank: Guest
|
Posted By Peter Taylor14
Turn this thing on its head, now she has disclosed that she is having the operation you can ask her to produce a note from her doctor to say that she is fit to carry out the duties on her job description and you would be failing in your duty to let her work until such a note is received.
|
|
|
|
|
|
Rank: Guest
|
Posted By Kieran J Duignan
Both employee and the employer appear to share a central misunderstanding here. A standard doctor's certificate simply entitles an employee to claim sick pay; unless the doctor writes an additional letter (which would break patient confidentiality unless the patient agrees to it and nowadays would probably have to be explicitly paid for as a separate task), that is all the doctor has vouched for.
I agree with the view that the employee should be asked to show some evidence of fitness to work.
In regard to her alleged proposal to attempt blackmail, ask her politely in writing to cite the specific relevant legislative provision (Sex Discrimination Act? Disability Discrimination Act? Sexual Orientation Discrimination Act?), in order that you may be in a position to give it appropriate careful consideration. On the basis of the information you provided, it is hard to imagine an ET even allowing such a claim to be heard.
|
|
|
|
|
|
Rank: Guest
|
Posted By Nick House
Surely, noe that she has disclosed to you (albeit verbally) that she is having this operation, and has also advised you of the advised convalescence period; if she were to take you to a tribunal, you could legally request that the doctor that will have carried out the procedure submit a statement stating that she was fit to work within your colleagues timescales to back up her statement.
There would not necessarily be any breach of patient confidentiality, as it would not be necessary to go into details of the procedure itself, simply the advised convalescence period advised before your colleague would be fit to return to normal duties.
|
|
|
|
|
|
Rank: Guest
|
Posted By Nick House
Also, if she were to return to work early, and sustained complications to her convalescence as a direct result of doing so, you could well be held in breach of your Employers Liability Insurance policy as far as your insurers were concerned, and they may well be within their rights to withdraw liability for cover in that instance.
It might well be worth consulting with your insurers, as you have a duty not only to protect the employee from coming to foreseeable harm, but also to protect your employer from foreseeable litigation.
|
|
|
|
|
|
Rank: Guest
|
Posted By jackw.
Hi a difficult situation. I assume there is no way you can accomodate this person on other duties. Yes she is, I agree, attempting to blackmail you. And if you let her back to work and she breaks down and her recovery time is increased or complications set in you could be in a corner as you let her back to work knowing that she has not had sufficient recovery time. Dealing with Gp's can be difficult as their view is that they only represent the patient. I assume you do not have an occupational health advisor/service you can refer her to. Perhaps your insurer can advise you and they may be able to source an occupational service that you can refer her to. Seems to me that this person must be in a financial bind and feels she can not go without her pay for 8 weeks. I can understand that as most of us would find it difficult to sustain 8 weeks on the pitance of SSP. Perhaps you should discus this with her and consider if you as her employer can help out with a payment to be deducted regularly from her wage when she gets back to work. I know, not the best solution and a road most employers are reluctant, for good reason, to go down.
Personnally I had never been unwell in my life until a couple of years ago and suddenly picked up something serious that resulted in an absence of 4 months god knows how i would have paid my way without being fortunate enough to have my salary paid in full. So I do have some sympathy with this employee
Not sure i helped but maybe something for you to think about.
good luck
|
|
|
|
|
|
Rank: Guest
|
Posted By John Webster
Debbie
A wee note of caution. You have assumed what type of procedure this person will undergo simply on the basis that it will involve an abdominal incision - possibly incorrectly since the procedure you have assumed is frequently performed through the natural opening.
Of course, you could be right, and this may be why she has thought up grounds for sex discrimination. But you would treat a man with an abdominal incision in just the same way so don't worry on that score, it can only be a bluff (I recall being told not to drive for 6 weeks after an appedectomy)
If you are right, then there's no way she will even want to do any physical work, never mind drive a truck, after 2 weeks.
Nevertheless, if you value your employee then if you can find administrative duties she is able to perform it will keep her in the routine of work and earning a wage.
You will need to contact an occupational health physician. GP's will sign her off for the maximum recommended period on the assumption she might do strenuous work. Much admin work is no more strenuous than sitting at home, and far more stimulating than daytime telly.
|
|
|
|
|
|
Rank: Guest
|
Posted By AlB
Debbie.
A word of caution. It doesn't matter if the employee refuses to show the doctor's note or not - you know she will be off work and she has told you what advice she has recieved off the doctor. Your company has a duty of care and should not allow this person back to work to do ANY kind of work unless you are 100% satisfied that it will not cause her damage. Make sure you get a note from her doctor detailing what she can and can't do on light duties if she's going to come back after a couple of weeks (that is presuming the company has anything for her to do on light duties). I believe the doctor can charge the employee for this service. If this is thecase, get the company to foot the bill for this letter.
Can you change your company's policy before she goes off work? We operate a policy that any person off work longer than 3 days must show a doctor's certificate to demonstrate the reason why. This should include the reason why she is off.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.