An employee has been signed off and has been getting ssp for the past 5 and a half months. He has been signed off with a bad back (sciatca)and has said he has had 2 operations.
Last Thursday he phoned up out of the blue and said he is coming back to work on Monday. I rang the employment federation to discuss my options because i am not convinced his back won't get bad again after a couple of months as his job involves heavy lifting and twisting his back. This cannot be avoided as there is no other work he can do for 8 hours. My dp cannot do the heavy stuff for him as he is selling the business due to ill health.
The federation adviced me to write to him, providing me with a letter to send, formally requesting a full medical report from his doctor or preferably his specialist. The letter has a form attatched for him to sign, granting his permission.
If he signed it i can then write to his doctor and ask several questions about the employee's currant health and having listed the employee's duties in his job, ask the doctor whether in his opinion, he thinks the employee will be able to carry on doing these duties and whether he thinks the back problem will reacure as a result of these duties.
If the employee doesn't grant permission, what can i do next? The employee might feel fine now but i am not convinced the back problem won't reacure after doing the heavy lifting job for a few months. If i dismissed him on medical grounds, would that be classed as unfair dismisal?
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Question about a possible refusal for permission for a full medical?
23 replies
MrsXX · 03/03/2008 14:00
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