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Unread 13 Dec 19, 10:01 PM  
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#1
donnacraig1984
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Evening folks.
Looking for some advice for OH. I think hes over thinking things.

He has been to the Drs today with back pain the GP signed him off for 3 weeks and given him amitriptyline Dr didnt say it was related in anyway to an existing health condition.

Around 2 and half years ago he was dignosed with rheumatoid arthritis and was off work nearly 3 month until he was diagnosed and treated, now its well under control through meds and exercise. He was also off work 2 years before that (4and half years) his diagnoses with pain that was never diagnosed and OH thinks was related to RA.

Now here is where he is worried, he took his fit note into his boss, his boss was bringing up his previous sick leave and talking about his arthritis and if its going to effect my OH, his boss is looking at sending him to ocupation health. My OH think they may be looking at paying him off. Where does he stand, are they able to pay him off? Can previous leave be taken into account? He wanted to speak with hia shop steward but wasnt in today.
Any advice would be great.
Thanks.
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Unread 13 Dec 19, 10:12 PM  
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novocastrian
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employers have a duty of care so sending to occupational health would be the logical step

they cant legally pay him off but if the condition prevents him doing his job for instance then i think they have to try (and prove) to find a suitable alternative.. not sure if such a position dosnt exist?

im sure someone better placed to answer will give better advise
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Unread 13 Dec 19, 10:18 PM  
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Andybear
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I was off for 6 months during my last job. I worked for a large organisation and occupational health were involved. In my case though a barage of tests and consultants reports said the reason I was off was caused by my job.
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Unread 13 Dec 19, 10:18 PM  
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400ixl
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OH primarily will be interested in how they can help get him back to work and keep him there.

It takes a lot to get to a position where all avenues to achieve this have been exhausted.

I wouldn't read a negative into this and look to embrace it and see what assistance can be offered.
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Unread 13 Dec 19, 10:19 PM  
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Blue nose
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Occupational health should be about supporting your OH. To see if his job is harming his health, or to check if he needs any reasonable adjustments to help him back to work.

Our occ health offer physio and other practical support.

His manager sounds like he's being a caring manager.

Absence usually only applies in a 12 month rolling period so previous absence won't apply.

What's his job? Hopefully his back pain will subside soon and he can return to work. He doesn't have to stay off for 3 weeks if he's better sooner.
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Unread 13 Dec 19, 11:14 PM  
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donnacraig1984
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Thanks for the advice folks.
Hes a lorry driver. He is just worried that they are bringing up his health condition and previous long term sickness periods, when there is no mention of it on this Drs note. The rheumatoid is well controlled with medication and he makes sure he does 3-4miles walking each day.
Thanks again.
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Unread 14 Dec 19, 09:46 AM  
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lizzie145
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Employers can use previous absences if there are concerns as this gives an overview of an individual.

When someone has a long term condition they are most likely protected under the equality act 2010, OH can provide guidance and make suggestions on how to make work easier and better if there is an issue.

Employers do sack people for health reasons and sometimes it's right sometimes not but until this happens to someone it is hard to say.

OP, please dont panic
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Unread 14 Dec 19, 11:06 AM  
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Claudette
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Employers are allowed to dismiss an employee so long as it is for one of five specific reasons and they follow a fair process. The five reasons are; redundancy, capability, conduct, illegality (eg a driver loses their licence) or some other substantial reason. Frequent or extended time off sick would fall under the capability fair reason.

There are no time related laws around the absences, nor is there any requirement to find a suitable alternative. A company may have policies about these things but there are no laws about them, other than they must follow a fair process. If his condition is considered a disability and he has said as much to the employer then they must make reasonable adjustments, the law is not specific on what classes as reasonable, it would be a case by case basis.

That is the legality of it, however I do not think there is any reason for your DH to assume dismissal is on the cards. Although dismissal can be legal, many employers would shy away from doing so as it creates a risk of needing to defend their position at tribunal. His manager has asked about his health and referred to OH, to me this demonstrates concern for an employee. I think it is waaayyy too soon to start worrying that it is anything more than that.

Edited at 11:08 AM.
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