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Fit note not accepted as authorised absence

37 replies

M1SSUNDERSTOOD · 13/11/2010 09:02

Hi I have a fit note from my Gp which states I am fit fir work subject to proviso a) amended duties- b) workplace adaptations.

However on handing this fit note in, employer says I am not medically certified and it will be considered unauthorised absence. They want me to go back to Gp. So on contacting surgery the Gp says the fit note is acceptable and he won't give me another one!

The catch 22 is my employer admits they can't accommodate the proviso on the fut note therefore I can't return to work and ultimately i have been placed on redeployment list. I think it's because the fit note doesn't have an "end" date as Gp says I could return work tomorrow if the proviso was met. So where do in stand now without a fit notes which covers the situation?

OP posts:
ruddynorah · 01/05/2011 14:15

Why should year 5 have another TA? They don't have to have one at all do they? You want them to create a non child facing TA role for you. You are deluded.

floweryroyalweddingbouquet · 01/05/2011 19:48

"OH requested desk job which I am entitled by law"

Er, no you're not. I think you are massively over-estimating how much help the Equalities Act gives you tbh.

Your employer is required to make reasonable adjustments to your own job if that is possible. It doesn't sound as though it is.

If that's not possible they are then required to redeploy you to a suitable job if there is one available. There isn't.

The Equalities Act doesn't entitle you to a desk job if there isn't one vacant. You really sound as though you think your employer ought to be forced to create a job just for you or keep you sat at home on full pay in case one turns up.

It doesn't matter when a suitable post was deleted. Your employer are allowed to decide that they don't need posts. If they recruited someone else to fill it when you could have been redeployed to it, then that would be a problem, but managing without it altogether is something else. The school has decided they don't need that post or can't afford it.

If you feel you have proof that there is budget there for that post and they are deliberately not recruiting to the role but plan to do so when you've gone, then you can bring a grievance to that effect. But as things stand there is no role available for which you are fit, given you are not fit for your own job, so on that basis, what do you think they should do?

Jenesaisquoid · 05/05/2011 09:43

Don't need foi...(whatever that is)

Common sense is all that is required! Why would they spend thousands advertising a job in the newspaper and then turn around 2 months later when the successful applicant turned it down, and say that it is not required any more or we can't afford it!!!

Jenesaisquoid · 05/05/2011 09:53

VICTIMISATION OR DISCRIMINATION?

elphabadefiesgravity · 05/05/2011 09:58

Are you suitably qualified/experienced for a clerical post though?

SarkyLady · 05/05/2011 09:59

Jene
I understand you anger. But please try and take on board what the very wise and helpful posters on this thread have said. I worry that you will spend money and emotional effort on a case you cannot win. :(

scurryfunge · 05/05/2011 10:16

Jene, if you have been offered another post across the borough would a motability car assist if public transport is not appropriate?

Jenesaisquoid · 05/05/2011 10:24

Yes I am more than qualified/experienced for a clerical post.

I am entitled to the post that they deleted (I raised a grievance) as when I requested to be transferred to it as reasonable accommodation adjustment (before OH confirmed redeployment) my employer refused my transfer as THERE IS NO MEDICAL EVIDENCE TO TRANSFER YOU TO THE OFFICE JOB (which was available in November). I provided further medical evidence from my consultant and the post was still deleted...

I really do appreciate all the good advice but unless anyone here is a current/qualified/experienced Employment Law Solicitor I believe I am entitled to a second if not third opinion after my Union.

PS: ruddynorah: I don't need to be insulted because I am not agreeing with you. I came here for good advice/options (which I am getting so far...).

Jenesaisquoid · 05/05/2011 10:30

I don't have a licence/not a driver. Do I need a licence?

And a scooter will not be any good for long journey during winter (I am also on a lot of medication)...

scurryfunge · 05/05/2011 10:37

Yes you would need to learn to drive to have a motability car and it may be worth considering in the future to broaden your future opportunities (appreciate it doesn't help now though).

hairylights · 05/05/2011 18:41

"Why would they spend thousands advertising a job in the newspaper and then turn around 2 months later when the successful applicant turned it down, and say that it is not required any more or we can't afford it"

Budget cuts. We're all having to deal with this. We had a situation recently where funding was confirmed, posts were extended, and then the funding was pulled the next month. There are times when this happens, and

hairylights · 05/05/2011 18:42

Also no, you are not entitled to the post. the OH people recommended, presumably, that if a suitable post is available then it should be considered, by OH doesn't actually tell you what you are entitled to, surely, just make recommendations.

sorry but no, you are not entitled here.

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