Thanks for the info squaddie.As they say "hindsite is a great thing". With hindsite she should have went back to CAB earlier and maybe found out about an Employment Tribunal and the time limit. I do feel CAB let her down because when she first saw them, although they let her see all the relevant employment rules saying here employers were wrong in the course of action they had taken,they never mentioned that she could take them to an Employment Tribunal. I also found out it takes about 24 weeks for an E.T to make a decision, so without "sick pay"she would have had no income for the period. If she had opened a claim would the fact that she was on "sick pay" have made any difference ?

Anyone ? Even if it's just to say "can't do anything about it"

Looking for help / advice on this please. My daughter works at a care home in Scotland (17yrs). Early in 2011 doctors found she had arthritis in her spine and prescribed her painkillers. She informed her employers as they have what they call a “hoist” to move. This is a two person job one to push & one to guide. A risk assessment was carried out and it was decided it was ok for my daughter to just guide the “hoist”. The last week in June 2012 all staff at the home had their yearly assessment. At my daughters assessment she was asked if her back was ok and if she was still on painkillers. Reply was yes to both as she had not been of with any back problems this year. Second week of July 2012 my daughter was due to start night but she had a phone call from her employers telling her not to come in as they felt she was not able to carry out her job because of her back and that she should see a doctor and be signed of work. She was also informed that if she came to work she would not be allowed in. Effectively suspending her in my view. On seeking legal advice (Citizens Advice) she was told 1) they can’t do that 2) do not hand in a sick line 3) they have to pay her. My daughter informed her employers of this who then told her she would not be allowed back to work until she had been seen by an independent doctor and as this could take several months she should see her doctor and be signed of, also that she would not be paid until after that. In an ideal world she could have just said no to that but as everyone knows we all have bills to pay so she was left with no option but to see her doctor and be signed of and receive sick pay. She eventually saw an independent doctor on 2nd Nov.2012 who declared her fully fit to work. She returned to work on the 26th Nov.2012. She has been told she can claim for lost wages as it was her employers who took it upon themselves to say she was not fit for work and would not be paid, so therefore putting her under pressure to see a doctor and be signed of so that she would some income. Grateful for any advice on how to proceed (or not) with this. Citizens Advice say it depends on here contract.