ChatterBank10 mins ago
Ordered onto the sick.
6 Answers
Is my supervisor allowed to order me onto the sick? I had an accident at work, and when i refused to do the same job again, on health and safety grounds, i was promptly told to go on the sick. I did, and then was given a reprimand for being on the sick.
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I'm not sure whether we have the full story here, but on the face of it the employer's practices don't look great.
However the employer can I think decide that if you are not fit to work they are entitled to refuse to allow you in work. And they can then take action on capability grounds if you are not fit for work.
Was the accident caused by the employer's negligence- if so you can put in a claim for compensation
However the employer can I think decide that if you are not fit to work they are entitled to refuse to allow you in work. And they can then take action on capability grounds if you are not fit for work.
Was the accident caused by the employer's negligence- if so you can put in a claim for compensation
Either your employer or you (or both) seem to be muddled between 'Health & Safety' and 'sickness'.
H&S doesn't need explaining; sickness means you are regarded as unfit to work. Refusal to undertake a job for which your are regarded as fully-trained does not mean you are sick. If the employer feels that your refusal is unreasonable then it may suspend you (send you home) pending an investigation. Suspension means you must be paid normally during the investigation, and the outcome of the investigation may lead to you returning to work, or be subject to disciplinary action.
Regarding the earlier accident at work, it should be been recorded by the employer.
H&S doesn't need explaining; sickness means you are regarded as unfit to work. Refusal to undertake a job for which your are regarded as fully-trained does not mean you are sick. If the employer feels that your refusal is unreasonable then it may suspend you (send you home) pending an investigation. Suspension means you must be paid normally during the investigation, and the outcome of the investigation may lead to you returning to work, or be subject to disciplinary action.
Regarding the earlier accident at work, it should be been recorded by the employer.
If your GP decides you need to be on the sick, then he or she will say so. It's not your employer's place to take that decision. If you can't do your usual job and your employer is unable to offer you alternative work, then again, you should see your doctor.
Is there an occupation health department you can go to? If so, do. It is quite legal to refer yourself to them. Your HR department should be able to give you the necessary information if you don't already have it. OH would listen to your problem, would possibly speak to your employer, and would then make recommendations as to how you should both proceed.
Is there an occupation health department you can go to? If so, do. It is quite legal to refer yourself to them. Your HR department should be able to give you the necessary information if you don't already have it. OH would listen to your problem, would possibly speak to your employer, and would then make recommendations as to how you should both proceed.
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