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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To insist my dh goes off sick?

51 replies

legaleagle21 · 05/03/2011 21:23

My dh has crohns disease and is a police officer. He has worked in an office for the past year due to his condition (after 20 years fully operational). But now due to cuts he is being moved back to the an operational role.

We went to an appointment with the force doctor on monday who clearly stated there was no way he would be operational again but then on Friday he got a call from his boss to say he was being put in custody.

He is really upset and stressed, particularly as the doctor clearly stated this would not happen. So this is obviously making his condion worse. He has spent most of the weekend on the loo!

I have told him just to go off sick - as most people with the chronic diarohhea that he has, vitually everyday, would be off sick.

I think if he went off sick it would make the point that they need to find a more suitable job for him. As to lodge a greivence would be a difficult situation to put himself in with this sort of organisation.

Any thoughts appreciated?

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sourdoughface · 05/03/2011 21:29

oh no, that sounds worrying

my OH had a boss in the police who had the same disease, it was a while ago but i think he just did desk duties

i think he should go back and discuss it with his line manager on the way forward

bestdaysofmylife · 05/03/2011 21:32

Is it possible for him to see the force doctor again & let them know what has happened. S/he might be able to make the point through the chain of command? Otherwise I agree, going off sick might be the only option. Alternatively your GP?

worraliberty · 05/03/2011 21:35

If the force Doctor has spoken, surely they can't over ride what he's said? I'd go back to the Dr if I were him.

Mare11bp · 05/03/2011 21:41

Apologies if I have the wrong end of the stick, but custody is largely desk work isn't it? And very close to a loo......I know nobody likes working in custody however....

Original poster
legaleagle21 · 05/03/2011 22:02

No he will have to book prisoners in - not really great if he has to nip the loo in the midlle of it.

I should have also pointed out he has a pacemaker so cannot risk a knock to the chest. So in custody he would have to restrain and review prisoners which he could not do.

BUT it is actually the crohns that causes him more problems - need for the loo - unable to be at places at specific times (really he needs a job with flexitime), shift work - playing havoc with routine and eating patterns, geneal embarressment of having to burden collegues to do his work coz he is in the loo for 40 mins at a crucial time etc.

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FabbyChic · 05/03/2011 22:04

Would they not be better off pensioning him off? Can he take early retirement.

Original poster
legaleagle21 · 05/03/2011 22:06

In terms of the force doctor apprently he just recommends but has no actual say.

my dh whole department is closing and ALL the staff are being redeployed to custody. So they have been through a charade of filling in skills audits, application forms and occ health visits but then all that was discarded and everyone irrelevant of skills, experience and restrictions has been put in custody.

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Original poster
legaleagle21 · 05/03/2011 22:09

He can do lots and lost of police roles. The job he has held for the last year was perfect and many other similar jobs still exist so he does not need pensioning off. Just reasonable adjeustments which the equality act says should be made.

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Original poster
legaleagle21 · 05/03/2011 22:10

that was - lots and lots !

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KatieMiddleton · 05/03/2011 22:14

He needs to raise a grievance and it sounds like his condition could qualify as a disability which is a protected characteristic under the Equality Act 2010.

Tbh if the whole department has been made disbanded and there is no other suitable job for him due to his disability then they are likely to offer redundancy.

I would also suggest he phones in sick if his condition means he's unable to do the job. But being police there should be an HR department to go to.

Mare11bp · 05/03/2011 22:16

I wld see your own GP and get him to jot something down in writing if possible. The GP prob won't go so far as saying custody is unsuitable but will highlight the fact that he will need to nip to loo at short notice and that this will happen often - not what they want in custody. And if they ignore this methinks it becomes a legal issue.

Failing that he goes into custody to prove the top brass wrong - I bet sadly he lasts one shift, if that.

Let us know how he gets on.

timeforachangearooney · 05/03/2011 22:20

my knowledge is a bit shaky (been some time), hopefully someone will be along that can fill in the gaps, but this falls under health and safety law as well

can you post in legal as well?

i would recommend thinking about going out sick, and doctors line to say that it is stress related

KatieMiddleton · 05/03/2011 22:23

Falls under duty of care in health and safety and also same principle can be used to allege breach of contract.

Original poster
legaleagle21 · 05/03/2011 22:24

He has letters from two consultants - heart and bowel both outlining what he can and cant do.

Police officers are not covered by same employment law as other wkrs. You are a crown appointee and there is no procedure (currently - sure it will soon change) for making them redundant.

BUT this is our fear - we have three kids and and a big mortgage.

HR is useless - they are the ones overiding the doctor - his boss is just the messenger.

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Original poster
legaleagle21 · 05/03/2011 22:26

sorry katie - can i ask do you mean he breaches contract - going of sick or they do employer does?

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littleducks · 05/03/2011 22:27

rather than go off sick could he get a fit 'note'

timeforachangearooney · 05/03/2011 22:28

if my mind would work i could give you more info, but there is a great test case against one of the english police forces. policeman was awarded a lot of money as they didn't follow the law

ie he let them know what he could do, they didn't act on it, he went out sick (again) and when he came back he let them know what he could do, guess what they didn't act on it and he went out sick again

police force was found liable

timeforachangearooney · 05/03/2011 22:30

but littleducks, the problem is they won't take into account what he can do, hence the OP prob

littleducks · 05/03/2011 22:35

i thought if it was a dated fit note, they had to if business allowed or you got sick pay?

i thought it couldnt be ignored like the force dr can be (his job is obv a waste of time if he is ignored)

Tiredtrout · 05/03/2011 22:35

Has your husband spoken to the fed, he should be on restricted duties as it sounds like he has been for the past year. Occy health will make recommendations but HR can be a bit stupid. You're completely right though custody can get a bit interesting which is why if you are on restricted duties you aren't allowed through the door. This is just the kind of issue all these cut backs are producing in all forces. Hope it all works out

Original poster
legaleagle21 · 05/03/2011 22:43

timefora - I am aware of a case a police officer won when an able bodied person was doing a job he could do. But i am unsure were we are with the equailty act.

He is an inspector and there are numerous jobs he could do relevant to his rank but they have through ignorance and aggorance (in terms of over riding the force medical examiner) to place him in a role he cant do.

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Original poster
legaleagle21 · 05/03/2011 22:45

He is waiting for a call back from the fed - he got this news at 5pm on friday!

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Nataby · 05/03/2011 22:54

In my opinion going off sick will not help the situation. The equality act requires his employer to make reasonable adjustments to enable him undertake his duties. They are not required to create a role for him. What the occupational physician will suggest in this role is that due to his underlying condition, he needs close and easy access to toilet facilities. The physician and your partners GP are not qualified to say where in the department he should work.

If he goes off sick, and due to organizational changes, this is the only job available for him, that creates stress for both himself and and the management of the condition, the underlying issue remains unresolved still. I suggest that he trials the new role, if it is not feasible that he can undertake the duties due to frequent toilet trips, this will be self evident. Management will then make all other reasonable adjustments to support him. Going off sick in this case, considering he has had an OHP input will be one of the worst ways of resolving this. Demonstrating that the current plan is not feasible is the best way forward. This can only be done with him in work.

unavailable · 05/03/2011 22:58

If he is an inspector, how come he is being given a role booking in prisoners? Surely this in itself is very irregular as its a task normally done by officers from lower ranks?

Original poster
legaleagle21 · 05/03/2011 23:05

Exactly unaviable - he will not actually be booking them in - more overseeing it - but would need to step in if problems, absences etc.

Plus it is an inspector role to review prisoners. that is going in cell to check they are being treated ok.

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