Signed off work by doctor. Are work being awkward?

[carlbcfc]

Injured my shoulder at work 2 months back. Visited occupational health who as it was the end of the shift on a Friday done nothing but request my boss to refer me for physio. I went to my own docs who told me to take anti-inflammatories.

 

Nothing happened, and I was not booked for physio at work, and this shoulder continued to bother me.

 

On Friday, I visited my doctor who has referred me for a scan, and has signed me off as not fit for work for 1 week to rest it as my job is shoulder heavy.

 

My job has been timed by an Industrial Engineer as being 'overloaded', meaning that the time given to do the job, is shorter than the time it actually takes. This creates a lot of rushing around with shoulder heavy equipment, and I believe this is how my injury has occurred.

 

Text the boss Friday to tell him. He said ring Monday night, text not acceptable. I rang, told him I had a note, he said how long has this been going on. I said since the injury 2 months back. He said I will refer you to occupational health, can they ring you on this number? Then to ring him every night.

 

Never been signed off before so wondered what the rules are regarding this. I have a note, and have informed them I won't be in until next week. Is it normal to have to ring every night? And can they force me into work for any reason?

[obiter dictum]

No, it is simply unacceptable to expect you to call every day while you have a doctors note. That is bullying and harassment. Twice a week is reasonable. Your boss on his own cannot force you back into work.

 

The downside is that Occupational health can overturn a GP Fit note, but not a specialist

 

I take it you recorded the accident in the accident book

[carlbcfc]

Thanks. Yes, I recorded it straight away. Oh right, I get it now. My line has had a head reduction, and too many people are on holiday right now than they can handle. So they are going to try to get OH to bully me into work this week. Sums the place up.

 

Regarding the injury. This I believe this is work related, the doc agrees, he said as the other shoulder is showing the same signs leading upto the tearing feeling I had. Am I right in thinking this is ripe for a claim seeing as though my job has been officially deemed as overloaded, but they have done nothing about it for months, and have not referred me to the physio as recommended by OH?

[Emmzzi]

No, it is simply unacceptable to expect you to call every day while you have a doctors note. That is bullying and harassment. Twice a week is reasonable. Your boss on his own cannot force you back into work.

 

The downside is that Occupational health can overturn a GP Fit note, but not a specialist

 

I take it you recorded the accident in the accident book

 

 

1. Many workplaces require a daily check in while off sick. Only a court will decide if it is harrassment. Given the prevalence of the practice I would doubt it is sufficient alone to constitute bullying. If you are doing nothing else, it's no hardship to make a two minute call.

 

2. Occ Health advise employers. They do not overturn anything. They do not make decisions. They provide advice to employers. Employers may accept or reject that advice.

 

OH consider reports made available to them when giving advice. They may on occassion have a different view to other medical professionals.

[Emmzzi]

Am I right in thinking this is ripe for a claim seeing as though my job has been officially deemed as overloaded, but they have done nothing about it for months, and have not referred me to the physio as recommended by OH?

 

A claim is best progressd when you know the long term effects of the injury. Seems early to me. Has your own GP refered you to a physio? Have you asked? Unsure why this is work's responsibility, and not the NHS.

[obiter dictum]

Occupational health can and do override GP fit notes as they are best suited to individual working practices

 

An employer cannot force an employee back to work while excused simply because they disagree with the GP. That is why they get Occupatinal Health to take that responsibility off the employer

 

Scottish Courage Ltd v. Guthrie

 

An employee having to call in every day who is absent with work place stress will be unacceptable as an example.

 

There is a difference between being absent with a cold and returning home following surgery as an example

 

http://www.personneltoday.com/hr/government-tells-employers-they-can-overrule-gp-fit-notes/

 

http://www.legislation.gov.uk/uksi/1999/3242/regulation/3/made

Edited September 22, 2015 by obiter dictum

[Emmzzi]

Occ Health =/= employer. OH advises. Employer decides. OH override nothing, the employer MAY.

 

Scottish Courage vs Guthrie was fundmentally about whether sick notes should be considered genuine, not reporting-in procedures.

 

Without a time machine you cannot state anything"will" be unacceptable. You are however welcome to offer your opinion; presenting it as fact however is, I believe, unhelpful.

[obiter dictum]

I very much present it as fact. 10 years as an Area Health and Safety Rep on full time release, NEBOSH Registered, a Diploma in Occupational Health and three Employment Tribunals.

 

Not my opinion but fact in the real world on a daily basis with the necessary academic qualifications. That is not opinion but fact and willingly take into any Employment Tribunal if necessary contrary to any HR opinion.

Edited September 22, 2015 by obiter dictum

[JoeyJoeC]

What are you lifting? They can't make you lift more than 20kg on your own.

 

unrelated: An old colleague of mine from B&Q needed to take some time off for an operation on a work related injury. They tried to stop him taking the time off he needed and tried to say the operation wasn't necessary. As if anyone would have an operation that wasn't necessary.

[obiter dictum]

All work place activity will be subject to their own risk assessment and safe systems of work. You need to be asking to see these documents. That is a legal requirement.

 

Do you have a Trade Union rep?

Edited September 22, 2015 by obiter dictum

[carlbcfc]

A claim is best progressd when you know the long term effects of the injury. Seems early to me. Has your own GP refered you to a physio? Have you asked? Unsure why this is work's responsibility, and not the NHS.

 

OH referred me to the physio. My manager never booked me in though hence why I visited my own doc again last week who is sending me for a scan, then said it will be surgery or physio.

 

What are you lifting? They can't make you lift more than 20kg on your own.

 

I use an assistor which takes the weight. The process is still very awkward though, and very shoulder stressful due to various factors they won't address.

 

unrelated: An old colleague of mine from B&Q needed to take some time off for an operation on a work related injury. They tried to stop him taking the time off he needed and tried to say the operation wasn't necessary. As if anyone would have an operation that wasn't necessary.

 

All work place activity will be subject to their own risk assessment and safe systems of work. You need to be asking to see these documents. That is a legal requirement.

 

Do you have a Trade Union rep?

 

Work H/S are useless, along with he TU. In the pocket of the management. I got hit in the face by a tool that got tangled in my assistor last year. Their solution was to tell me to move it first, which I have no time to do, so if it happened again I got the blame. Now my job has changed slightly, it is ok to get tangled up. A real H/S would have a field day in there. Managers are paid bonuses for no accidents.

 

 

There was an agency lad who had just started. A gap appeared in the moving track, he stepped backwards, and fell down it. He could have lost his leg if the emergency was not pulled. The next day he phoned in as his leg was still hurting. Rather than have it as a 'lost time accident', the management sent a car out to pick him up, bring him in for 2 hours, and then take him home. Not the first time this has happened.

[obiter dictum]

What you ned to do is contact the Trade Union Branch and ask for the Area Health and Safety Rep to come down and "Map" the office. That will be someone like myself. Local safety reps do not have the relevant training that is required, They should pass it up to the branch along with management on any employee accident.

 

There are some serious failings here. Give Branch a call and set the wheels in motion, you do not have to give your name

 

And yes, despite what others will say managers are paid a bonus for sick absence rates so it is in their interest to have a different opinion along with the employers own HR Department on accepted procedure

Edited September 22, 2015 by obiter dictum

[Emmzzi]

Carl,

 

what does your company absence policy say about reporting in? I suspect that is more relevant than us arguing the toss. Can you get a copy?

[Sidewinder]

And yes, despite what others will say managers are paid a bonus for sick absence rates

 

Never come across that one!