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David Price
Member - 80 posts
When an employee returns to work after an accident, for financial reasons and not because they are ready to do so, what can be done, as the employee is insisting that they are ok, when it is quite clear that they are not.
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Kevin Brown
Member - 92 posts
As an employer you still have a Duty of Care under HASAW 1974 and, in turn, the employee has a similar duty to protect him or herself. You seem to be quite confident that the employee isn't ready to return to work, and that such a return would cause further damage or adversely affect recovery. That being the case you will be liable if you allow the return in the knowledge that it could affect the wellbeing of your employee (or for that matter anyone he/she comes into contact with). A similar case happened some years ago with a bus driver who returned to work too early following a back injury and he had a recurrence while at the wheel.
You could refer your employee to an Occupational Health adviser but if the case is so cut and dried you could just simply not accept the return to work. The employee may wish to take out grievance procedures but that in itself wouldn't guarantee TU support if the employee isn't up to returning to work. Paerticularly if the welfare of other employees could be put in jeopardy.
Stick to your guns.
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Lorraine Logan
Member - 4 posts
You could always ask him to supply a fit to return to work letter from his own GP, as if it is fairly obvious he is unfit to return to work, the GP may work with you on this one. In the same respect you wouldn't want to cause the employee any undue stress because they can't pay their household bills, is there a way they can do light duties or even part time?
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