29-04-2004, 01:47
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#1
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Inactive
Join Date: Jun 2003
Location: Milling around Milton Keynes
Age: 48
Posts: 12,969
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Working while signed off
If someone is signed off work by their doctor because they have german measles and is contagious, are they legally allowed to work and what are the company's legal responsibilities with regards to letting them work or forcing them to stay away?
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29-04-2004, 01:55
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#2
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Inactive
Join Date: Jul 2003
Location: Eglinton, Co. Derry
Posts: 7,640
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Re: Working while signed off
Quote:
Originally Posted by Xaccers
If someone is signed off work by their doctor because they have german measles and is contagious, are they legally allowed to work and what are the company's legal responsibilities with regards to letting them work or forcing them to stay away?
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You have a duty as an employee to not put any other employee's at risk, German Measles can be quite nasty for adults, and there's a proven risk of it causing birth defects, so if there are any pregnant women where you work, then your employer would be putting their unborn child at serious risk by forcing you to work. If they give you any crap whatsoever, mention that you're thinking of contacting the Health and Safety Executive, they'll soon back down.
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29-04-2004, 01:59
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#3
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Inactive
Join Date: Jun 2003
Location: Milling around Milton Keynes
Age: 48
Posts: 12,969
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Re: Working while signed off
One of my colleagues has it and is signed off.
He was asked to come in as they're short on staff and worked last night.
Pretty discusting of the company if you ask me, especially considering what it can do to pregnant women who haven't had innoculation.
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29-04-2004, 02:07
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#4
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Inactive
Join Date: Jul 2003
Location: Eglinton, Co. Derry
Posts: 7,640
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Re: Working while signed off
Quote:
Originally Posted by Xaccers
One of my colleagues has it and is signed off.
He was asked to come in as they're short on staff and worked last night.
Pretty discusting of the company if you ask me, especially considering what it can do to pregnant women who haven't had innoculation.
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If he's signed off and has a "doctors note" (or whatever they call them nowadays) they can't force him to work, they can ask, but that's as far as it goes. If they've tried to force him, he should contact his local Citizens Advice Bureau, HSE and if he's in a Union, his Union rep. I personally wouldn't stand for it and I'd create as much of a stink as possible. It's a disgrace the way some employers think they can get away with treating their employee's like dirt.
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29-04-2004, 02:17
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#5
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Inactive
Join Date: Jun 2003
Location: Milling around Milton Keynes
Age: 48
Posts: 12,969
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Re: Working while signed off
What if he was just asked and came in?
I'm sure it's illegal as if you're signed off you aren't covered by the company's insurance or something like that.
My concern is that with him being contagious, by allowing him to come in while being signed off, it's put the rest of us at risk.
Found this:
Quote:
Where a Registered Medical Praticioner has "signed off" and employee as being unfit for work and the employee wishes to return before the note's expiry, the employer should either require a further note from the Doctor, advising the employee fit for work.
Otherwise, the employer may be liable for any perceievd risk to that person or other employees; of infection, for example, or, otherwise that the employee's inabilty to perform through illness, might result in unacceptabel risk (a fork lift operator, suffering dizzy spells, for example).
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So if someone were to catch it off him and sue the company, they wouldn't be covered by their insurance. Oh dear.
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29-04-2004, 08:48
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#6
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Inactive
Join Date: Sep 2003
Location: Punmeister Towers
Age: 50
Services: Will provide gags for cash
Posts: 9,211
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Re: Working while signed off
Quote:
Originally Posted by Xaccers
What if he was just asked and came in?
I'm sure it's illegal as if you're signed off you aren't covered by the company's insurance or something like that.
My concern is that with him being contagious, by allowing him to come in while being signed off, it's put the rest of us at risk.
Found this:
So if someone were to catch it off him and sue the company, they wouldn't be covered by their insurance. Oh dear.
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You just beat me to it , but it is to do with the insurance. When I worked for the civil service years ago, I had an operation on my knee and was signed off for a few weeks - when I asked work if I could come in (as I had a desk job), they told me that I wouldn't be covered by their insurance as a sick note basically says that you're not fit for work. If your colleague desperately wanted to come to work, he would have to go back to his doctor and sign off the sick.
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29-04-2004, 09:55
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#7
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Guest
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Re: Working while signed off
i was signed off work for 6 weeks once. I wanted to go back and was still signed off for another week. I went into work and was told immediately to go home. If i was to go back to work i was told to go to my doctor and get the remainder of the sickness certificate cancelled. The reason i was told is the companies insurance would not cover me whilst i was signed off by the doctor.
opps just noticed nugget said the same thing. Must be correct then
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