Staff Signed Off Sick (And Cycling)

[Flat Roof]

Hi,

I run a small consultancy business (25 people) and have a member of my team (admin role, with us for less than two years) who's been signed off sick on a couple of prolonged occasions in recent months with a pelvic pain that the doctors cannot diagnose as anything specific. This individual has always been a problem. Moody, not very good at his job. And the pains coincided with us moving him into a different role (from one area of admin to another, nothing dramatic).

At the end of his latest three weeks signed off ill, he's just contacted us with another doctor's letter, this time signing him off till Dec 22. On the same day as sending this, he was spotted out cycling. Someone else at work then saw pictures of him cycling on different occasions on his Instagram account.

When confronted about this he is claiming the doctor advised him to take light exercise (cycling! for a pelvic injury! not swimming or walking!). We have very little faith that this is true but feel very stuck as to our next move.

Any advice?

Thanks!

 

[Newchodge]

Arrange for him to see, at your expense, an occupational health physician. Or sack him, as he has less than 2 years' service

 

[Flat Roof]

Thanks for getting back. Is sacking a viable option in these circumstances, even with under two years service?

 

[Employment Law Clinic]

I would endorse @Newchodge 's advice: simply sack him.

Three weeks off does not imply a disability. And with no specific diagnosis, yet an ability to cycle, you have no reason to reasonably believe it could be anything serious, a disability.


Dismissal seems the simple route. If you feel the need to be cautious (and allow him to accrue holiday time while off sick in the interim), I would seek permission to consult his GP about their consultations, and whether he should be cycling. If he doesn't give consent to access records, I would still write to the GP, highlighting his activities, and asking if cycling is an appropriate activity.

The GP will be restrained by confidentiality from replying, but may be reluctant to issue further Fit Notes.



Karl Limpert

 

[obscure]

Tell him you will buy him a treadmill desk so he can get light exercise while at work

If the doctors can't diagnose it they can't treat/cure it. That means a working lifetime of extended time off cycling... errr I mean performing light exercise. Plus, once he passed the two year employment mark the injury may get "worse".

As Karl suggests you can ask permission to access his records. If he refuses I wouldn't waste time writing to his Doctor in the hope that they stop issuing fit notes. I would just inform the chap that you don't think they are a good fit for the company and give notice of termination.

 

[Flat Roof]

Thanks. But is the doctor check-in strictly required, or can I just go straight to dismissal?

 

[obscure]

Thanks. But is the doctor check-in strictly required, or can I just go straight to dismissal?

Legally you can. However what if he is telling the truth? Why waste the investment made in this staff member without finding out the truth. I have seen problem staff managed well become star performers.

Obviously if you check and he isn't telling the truth (or refuses to let you check) get rid.

 

[ethical PR]

If he was moody and not good at his job, why haven't you tackled these issues earlier.

I agree with Cyndy. As she has already confirmed to you, you can dismiss without reason within two years (Have a look at information on ACAS and the .gov.uk site). Karl confirmed you can do this and only suggested the GP route if you feel the need to be cautious.

 

[Root 66 Woodshop]

Strategically place your middle finger in the air and wave it about profusely... stick out your tongue and cackle like an insane witch who has just shoved a small child into their lovely ager oven.


This is exactly what he's doing to you... and loving it.

 

[lesliedocherty]

Sack him, don't even quibble here, be brave give him the boot and you'll feel nothing but relief, these people are sent to test you, just give him the boot

 

[Flat Roof]

Thanks for all of the advice. The employee has now been dismissed.

Even thought dismissed, he's officially serving two month notice terms. Am I still allowed to contest his fit note by appointing a health assessor - thus with a view to not pay a further two months of salary if we demonstrate he's not unfit?

 

[Paul Norman]

Thanks for all of the advice. The employee has now been dismissed.

Even thought dismissed, he's officially serving two month notice terms. Am I still allowed to contest his fit note by appointing a health assessor - thus with a view to not pay a further two months of salary if we demonstrate he's not unfit?

Personally, I would not bother.

Two months notice seems a lot, though. Next person you recruit, give them a shorter notice period.

 

[Ashley_Price]

Arrange for him to see, at your expense, an occupational health physician. Or sack him, as he has less than 2 years' service

We had a member of staff that kept having time off through illness etc., and in the end I said to her "We're going to pay for you for your time to go and see a doctor, and get all the proper tests etc."

Funny how, shortly after that, their health improved and they didn't have another day sick for over six months.