• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Can employer overrule doctors note?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can employer overrule doctors note?

    I'm am 7 months deep into work related stress. This issue is 12 months old. 4 suffered at work for 4 months before I was going to snap, so visited the doc who told me to resolve it before retuning, as I could put my self at risk of further trouble.

    I put a grievance in against a manager, and I'm getting resistance from all fronts, union, management, HR. They are just trying to make me forget it. They've sent it to the wrong place 100 miles away, closed it down, only for my pressure of another manager opening it up again. And another manager is ignoring his email on 29th June to deal with it. I have no faith in this manager to deal with it anyway.

    Now yesterday I had a meeting with top HR who have said if their OH find me fit, I have to come in the next day. Is this true? My doctor told me they cannot overrule him. They admitted they have failed me by not having me in since January to see how I am, and have also admitted that this grievance should have been dealt with considering I made the initial complaint in July 2016.

    I want closure on this issue before I return as I fear they just want to get me in and tighten the screw to make me drop it as they do hand in hand with our corrupt union.

    Our OH declared me fit in December when I specifically said I felt like I wanted to take matters into my own hands due to the lack of progress. This is why I visited my doc & he signed me off.



    You don't have to read this to reply, but this is the actual issue I posted on another thread.




    June 2016 - I put in a holiday request for Oct/Nov 2016. I also checked there was space on the holiday board, and took photo evidence. Also consulted my union rep who had to sign the holiday request.

    July 2016 - Holiday request declined. Me and this manager had bumped heads regarding H&S prior to this.

    July 2016 - As my rep was off, and I couldn't not get hold of a rep on the phone at work, I contacted Unite head office via email. I have the trail

    July 2016 - Local rep said he'd see the manager. Manager told him to "feck of"

    July 2016 - During a meeting with 15 or so of us, I asked the manager why he decline my holiday, he was asking us to approach him if we had problems. His reply to me was "Im the manager, I make the decisions". I have witnesses to this. I asked what about the 2 hours I'd requested from our allotted allowance in Novemnber. Again "managers discretion"

    I left it in the hands of the union, and we broke up returning mid August.

    Aug 2016 - I asked a more experience rep to ask the manager, he told him to feck off too. This dragged in with me asking my rep, and him saying he'll get the main man over.

    Sept 2016 - I fired an email to the main unite man on site along with a copy of my formal grievance I requested to put in. Within the hour he came over and we had a meeting with the manager. The manager denied knowing what he'd done. He'd refused me holiday when there was no reason, and he'd also denied me 2 hours, but then gave others short hours months after, and also gave someone a day I had refused. The main unite rep tried the scare tactic on me "well, if you put this in you never know what might come out" I didn't appreciate that, and I told him. The meeting was left with the manager seeking his managers approval to give me the holiday. I told my local rep to proceed with he grievance.

    Oct (late) 2016 - 2 weeks before I was initially planning to go abroad, a supervisor of my manger gave me the go ahead to have my holiday. Too late to book a family holiday now.

    Oct 31st - I went to the doctors, and he signed me off with work related stress (still off) Saw work OH. They recommended time off, and also a meeting with higher management to "alleviate my concerns". I have this on my medical records in front of me.

    Dec 2016 - Call from HR asking why any grievance ended up 100 miles away at another plant, and there would now be a delay.

    Jan 2017 - Management meeting, where senior manager failed to show. The letter said he'd be there. Meeting was in his office. Manager who'd taken over my line said he'd find out whats going on with my grievance.

    April 2017 - Still nothing, so I contacted the head unite man via email, and told him I was not happy with the speed. I said he'd get the local rep to find out. Nothing!

    June 2017 - After giving up on the union, I phoned HR to ask what was happening, they are an off-site call centre. I was told the grievance never actually went in until late Nov 2016, and that after a regular monthly meeting between the management & union, my grievance was closed. It was only reopened when the low level manager in the January meeting enquired what was happening. I have the ticket numbers for these, now two, cases. She said it is assigned ti a case worker, and gave me his number. It goes to voicemail email. I left a message last week as a text, no reply.
    Tags: None

  • #2
    Re: Can employer overrule doctors note?

    tagging [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Can employer overrule doctors note?

      I know that you have posted other thread about the issues you have had at work and I and others have provided some assistance.

      On your specific question regarding the meeting that you had yesterday and the fit note provided by your GP. This note is not binding on an employer and the assessment about whether you are not fit for work or may be fit for work alongside any other advice on the fit note is classed as advice and it is for your employer to determine whether to accept it or not.

      Your employer is well within their rights to gather other evidence about your fitness for work from other doctors, healthcare professionals or in this case OH. They can then choose to give this other evidence precedence over the advice in the fit note and act on that advice accordingly i.e. request that you return to work which may or may not have conditions attached such as a phased return or a return to altered duties etc.
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


      You can’t always stop the waves but you can learn to surf.

      You are braver than you believe, smarter than you think and stronger than you seem.



      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Comment


      • #4
        Re: Can employer overrule doctors note?

        I find it absurd that they would push me into returning, yet take 12 months to deal with a serious grievance. This whole situation has caused me great stress. Now if I choose to pursue a claim for stress, Ive got to prove they meant it. It seems everything is against me if I'm honest.

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

        Announcement

        Collapse

        Welcome to LegalBeagles


        Donate with PayPal button

        LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

        See more
        See less

        Court Claim ?

        Guides and Letters
        Loading...



        Search and Compare fixed fee legal services and find a solicitor near you.

        Find a Law Firm


        Working...
        X