Not Allowed To Work Because Of Bad Knee!

[buffymad]

Boyfriend has problems with knee and has been off a fair bit with it. He's tried everything and has now conceded he has to have a knee replacement.

However, he's been trying to go back to work as although his knee is still painful, he feels fit enough to work. He works as a maintenance man by the way so all manual labour. However because he's limping slightly, his boss isn't allowing him to be at work, despite boyfriend declaring he feels able to work. All Heath and safety mumbo jumbo.

Is there anything he can do to get round this? Would a fit note from the doctor force them to let him work?

He doesn't get sick pay either just to make it even worse!

He's also been told a letter should be on its way from HR. I'm hoping it'll just be about his sickness record, but wondered can they try and get rid of him because of his knee problem?

[murraymints]

if he is unfit for purpose kind of thing ..then yes...unless they can offer him alternative lighter duties...

[murraymints]

he may be called for an official occupational medical assessment

[EDDIE51]

The boss can not let him work while he is unfit.
If he was allowed to work and he made the injury worse(which is quite possible) the company would be liable for his injuries and have to compensate him.This could be many thousands of £s.
If he continues to be unfit to work then they can dismiss him as being medically unfit for the job.
They do have to give him time to try to get better but they can't be forced to find him alternative work. They might do it but they do not have to.

[buffymad]

If they did decide he was unfit to work, what steps would they have to go through before dismissing him? Just want to have all the facts to hand in case it comes to that (but hopefully it won't!).

I get what you're saying but it's typical they don't want him there when he feels ok despite the limp!

They've not been so bothered in the past when he's been made to carry heavy stuff around which should have been a 2 man job! Also contributing to stress on his knee ...

[Smowball]

Why doesn't he get sick pay?

[Jackdaw33]

Surely he will get Statutory Sick Pay?

[donny48]

He is not working with a self-employed status is he? That would change a lot of advice. I ask because I thought statutory sick pay was compulsory.

[buffymad]

He'll get SSP, just meant his firm don't give full pay when off sick.

[murraymints]

an occupationl fitness examination will have to take place...the employer does not decide if he is fit for purpose...excuse the analagy..

[murraymints]

but..if he has exceeded the permissable period of sick leave then things could be different...if you are really worried consult CAB for individual advice

[buffymad]

They haven't called him in about his sickness (until now if that's what the letter is about from HR).

[murraymints]

that is standard procedure after a time on sick..they will most likely explain further protocol then

[buffymad]

Still annoying that he wants to work, feels ok to work but they won't let him! So his sickness now is because of work rather than him actually phoning in sick, grrr!

[Canary42]

Taking one small point from your question, I don't think a note from his doctor would necessarily make any difference. I once tried to employ a guy who provided expert medical opinion on his condition being static, but the Company Doctor (a local GP with a nice little earner) claimed the condition was ongoing and denied me the opportunity to take him on.

[EDDIE51]

As I said, if a doctor says he is unfit to work that means what it says!
He is UNFIT to work! What he feels is not relevant. If he did work against medical advice the companys insurance will not cover him if he gets injured. So the company can not allow him to work as he would not be insured.
If as you say he was made to lift heavy items on his own then that will have contributed to the injury so the company can be liable for his injury.
He should get medical advice about the possibility of suing the company for damages. Once he starts a case against the company they can not dismiss him while the case is ongoing. This is almost exactly what happened to my son. He was told to lift a heavy item at work and injured his shoulder doing it, it should have been a two man job. He was off 7 months but he kept his job and they had to pay him £5,000 compensation!