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can employer insist someone taken ill at work goes to a walk in centre before being allowed home

14 replies

edam · 11/07/2012 12:33

Never heard of this before - is it legit?

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noblegiraffe · 11/07/2012 12:40

I thought you could self-certify for the first week? How would they know whether you went to the walk-in centre or not?

edam · 11/07/2012 12:44

Well quite! Situation is colleague was suddenly taken ill, first aider says new procedure, have to go and see top.boss, top boss says not allowed home until have been to walk in centre. Seems mad!

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scurryfunge · 11/07/2012 12:46

Do they have a dodgy sickness record?

Putthatbookdown · 11/07/2012 12:49

We have that at our place-they even wrote to my GP and phoned the practice to see if I had gone I went to a solicitor and they said it was ok

edam · 11/07/2012 14:39

No, no dodgy record only one day off in six months.

Putthat, do you mean it's ok for employers to insist?

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DawnOfTheDee · 11/07/2012 14:41

You can self-certify for the first week so not sure how legal it is for them to insist during that time.

ToryLovell · 11/07/2012 14:43

Put surely the GP surgery disclosing that over the phone is a breach of confidentiality and they would need your written permission first?

Maybe there is some kind of backside covering element to it, if they sent you home and there was no-one there to look after you, and you passed out an injured yourself then they would be open to being sued? Whereas if you went to a walk in clinic then you are in the hands of a HCP?

Putthatbookdown · 11/07/2012 15:04

well, there have to be real concerns re your health and it seems that if this is the case they can raise it with medics BUT they have to ask you first. Say why. They have a duty of care and it is backside covering Also you have to be fit for work and if they deem you are not they can ask you to seek help as they are not medics.
The Union told me just to go home.
The Gp cannot reply to Management But if there is an Occ Health department yes the GP can write a report for them which they have to show you

edam · 11/07/2012 16:33

Walk in centre gave a note confirming had been seen and advised to rest so they must be used to old-fashioned employers.

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clam · 11/07/2012 16:40

This is why I have, on occasion, not gone in at all when I've felt rough, rather than chancing it to see how I get on with a view to coming home if I was really bad. First thing in the morning, it's your own decision. I object to someone else deciding how ill I am and possibly refusing me permission.

I'm not ill very often, I hasten to add.

edam · 11/07/2012 18:55

Spoke to ACAS who said no, an employer cannot insist someone taken ill at work goes to a health centre before being 'allowed' home. Employer can advise you they are concerned for your health and it would be a good idea to see medical advice but not insist.

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flowery · 11/07/2012 21:20

Well they can't insist as in they can't physically lock you at work unless you go, or march you down to the walk in centre.

But they are certainly allowed to modify their response to absence on a case by case basis. They might be much less likely to discipline for it if the person has happily sought walk in centre assistance for example, and more quick to assume absence isn't genuine if someone refuses to attend a walk in centre.

They are also allowed to or put conditions on any sick pay over and above SSP they offer.

I'm not suggesting it's a good or reasonable strategy at all, but I would be just be cautious about a blanket statement from ACAS that they 'can't' insist on it, as it's not as black and white as that.

Putthatbookdown · 12/07/2012 10:24

Acas told me "do not let them do it to you" -do not give them grounds.
In my case and in many other cases this may simply not work.
Actually it was people at home who helped not the doctors!!!
I spent 8 months off work being shunted between people Gp sent me to a Specialist to cover his back/get a fee from work.The specialist said there would be no way it would work -the patient not the firm has to be agreeable. So the specalists coverd their backs too Infact I got the wrong treatment and no diagnosis was ever made
Occupational health asked me to provide a letter fromthe specialist confirming it would not work(!!) when it was quite obvious.The whole venture cost thousands of pounds.
I was literally walked off the site even after I had been to the doctor.
My advice would be to steer clear of employers like this-they are very-oldfashioned Also the "doctors" I saw were no good either- my solicitor handled it all for me in the end _and Union headquarters

edam · 13/07/2012 20:38

Spoke to the head of HR the following day who was, quite rightly, horrified. She confirmed that the company doesn't insist people attend walk-in centres before being allowed home. Shame no-one has told the boss, then... (the boss in this case being the head of the whole organisation).

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