My belief is that although you cant make him come back to work , you can treat his absence as absence rather than sickness absence and stop paying him. Providing that you have all the information ( specialist reports etc) your OHP is in a better position that the GP to make a judgement on his fitness to work and my understanding is that the company can manage this on the basis of the OHP opinion (worth considering having a company/OH policy on all this )
I'm sure you or your OHP would have written to the GP explaining your role and asking on what basis s/he continues to provide sick notes - you may want to point out some of the evidence or advice form DWP and the fact that remaining off work is more harmful to the patient than RTW with adjustments
Kath Griffiths
Occupational Health Manager
Freshfields Bruckhaus Deringer
65 Fleet Street
EC4Y 1HS
[log in to unmask] <mailto:[log in to unmask]>
0207 716 4024
07966 961 821
This email and any attachments is strictly confidential. Accordingly this email and its attachments should not be forwarded, reproduced or made available to any third party under any circumstances without prior consent from Occupational Health . If you are not the intended recipient please advise the sender immediately by reply email and delete the message and any attachments without reading, distributing or copying.
-----Original Message-----
From: Hawkes, Lynda [mailto:[log in to unmask]]
Sent: 29 November 2004 10:28
To: [log in to unmask]
Subject: Fitness to work
Please can anyone help with the following:
We have an employee currently off on long-term sick absence with ?sciatica.
His GP is happy to provide sick certs ad nauseum. His Physio has told him
he is fit to return to work. He agreed to be seen by our OH Physician who
examined him and declared him fit to work. The employee is insisting that
he is not fit and I believe his GP will continue to issue sick certs as he
wishes.
Can we insist that he return to work as declared by our OH Physician or can
he refuse if his GP provides a further cert?
Has anyone had a similar experience or does anyone have knowledge of any
regs etc that I can quote please??? Can any of you Doctors out there help
please?
Many thanks
Lynda
~~~~~~~~~~~~~~~
Please remove this footer before replying.
For list archives and documents, go to
http://www.jiscmail.ac.uk/lists/occ-health.html for list archives
For jobs in Occupational Health, go to
http://uk.groups.yahoo.com/group/OHJobs/
This e-mail is confidential and may well also be legally privileged. If you have received it in error, you are on notice of its status. Please notify us immediately by reply e-mail and then delete this message from your system. Please do not copy it or use it for any purposes, or disclose its contents to any other person: to do so could be a breach of confidence. Thank you for your co-operation. Please contact our IT Helpdesk on +44 (0) 20 7936 4000 Ext.2000 or email [log in to unmask] if you need assistance.
~~~~~~~~~~~~~~~
Please remove this footer before replying.
For list archives and documents, go to
http://www.jiscmail.ac.uk/lists/occ-health.html for list archives
For jobs in Occupational Health, go to
http://uk.groups.yahoo.com/group/OHJobs/
|