Posted By Jean
Hi Matt

Yes, the employer can refuse to allow an employee back to work while waiting for an OH report.

Your friend needs to have a look at his contract of employment.

The organisation's policy on sickness absence.

If the company has OH access, then it will have a HR specialist. I would suggest that he makes contact with them and asks them to advise him on where it says in the company policy that this refusal to pay in this situation is company practice. You should be made aware of this practice.

I would also suggest that he contacts his GP and have it recorded that he is fit for work.

He would be well advised to visit a Citizens Advice Bureau, since there are clearly issues relating to employment law. In the event that he ends up at an Employment Tribunal, then it is important that he follows and complies with all the processes that they will suggest that he takes.

ACAS is another good contact for help. 020 7210 3613

I would always recommend trying to seek advice from the appropriate expertise within the organisation.

It is also essential that he keeps a diary. HR professionals, managers, the police always keep diaries. This is where the ordinary person falls down. They cannot quote dates and times when conversations took place.

After he has spoken to HR, who might be helpful, then he should email them quoting back what they have said. This is his record.

There are issues relating to contracts and employment law in this case, but I don't have sufficient information to comment.

I wish him the best.

Tell him to keep calm and be polite.

Posted By KTM Matt
Thanks for the responses. I can see that OH wanting to get involved before they go back to work is generally a good thing.

It's really the money issue of not being entitled to sick pay anymore and not being paid a salary either.

We'll keep records and take advice as suggested.

Matt