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Employer accusing DH of faking illness

8 replies

fedupofthis · 01/03/2010 17:14

Hi I think I know my DH's rights but wanted to check with you wise people.

He works in sterile services, cleaning and sterilising medical instruments from local hospitals.

Last week he got a "needlestick injury" where his skin was punctured by some sort of dirty instrument. The procedure is to go straight to A and E as they have to do blood tests and check for HIV/ Hepatitis etc. My DH went to A and E and they gave him a 5 day course of medication to treat HIV. Sorry I'm not sure the name of it but its a common treatment for this injury at work. My DH was told that he will more than likely suffer from diarrhoea and sickness/ nausea and other symptoms.

So anyway he did suffer these symptoms and was off work for 4 days last week, returning today.

His employers however are questioning him, have googled his medication and told him apparently he is making up the side effects. We are not too bothered about this accusation as we have the leaflet saying VERY COMMON side effects.

But they are "investigating" his absence and want a doctor's certificate. This investigation is secret and we only know of this because one of his supervisors who is a good friend has told him. But he was off work for only 4 days and so am I right in thinking that they have no right to ask for such a note? He has filled out a self certification from work, has witnesses who saw the injury, and empty boxes of medication with the leaflets stating side effects.

Basically I'm asking where my DH stands and what he can do next. I think they are bullying him and trying to frighten him because they are looking to get rid of people. But they have no reasonable grounds to discipline him do they?

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StealthPolarBear · 01/03/2010 17:18

no, and they are on very dodgy ground as he got this injury actually at work!
does he have a copy of the procedure? as well as the leaflet w/ side effects? I'd be tempted to send a stiff letter with a copy of both. but yes he can self certify up to 4 days?
does he now have to have hepatitis & hiv tests?

fedupofthis · 01/03/2010 17:25

Hi he doesn't have a copy of the procedure but his line manager told him to go to A and E, he even admitted today he sent him to A and E. He is more so questioning the side effects after.

Yes he will need to be tested for HIV and hepatitis. They've told him its virtually impossible he contracted anything as it was old and had been exposed to the air for so long.

But we have the leaflet with the side effects which I am going to highlight and send him in with tomorrow.

It's annoying because they haven't actually accused him to his face, but are holding some secret investigation where one line manager has said to a supervisor that they think he's lying.

I wanted to right a letter but don't want it to seem as if he is protesting too much as he's not supposed to know that they are doubting him.

This is all very confusing I know!

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fedupofthis · 01/03/2010 17:26

write a letter not right!

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stripeyknickersspottysocks · 01/03/2010 17:33

His company can be reported to the Health and Safetly Executive for an injury at work that has resulted in sickness. Infact I may be wrong but I think they are legally obliged to report it.

fedupofthis · 01/03/2010 17:35

Do you think that is why they are doubting him? Is it bad for the company to have to do this?

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stripeyknickersspottysocks · 01/03/2010 17:57

It did cross my mind this may be why they're being funny. The HSE would do an investigation if informed which would take up a lot of time, if they find the company are not doing something correctly/safely they may have to pay a fine and implement a new way of working.

WickedWench · 01/03/2010 21:54

All needlestick injuries resulting in absence from work for 3 or more days are reportable under the RIDDOR regulations. Just google RIDDOR and needlestick, there's loads of info.

fedupofthis · 02/03/2010 10:22

Thank you I will have a look.

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