My boss won't let me return to work after being off sick.?

Question

I went off sick two hours into my shift this morning with the beginnings of a migraine which has now more or less cleared. I work as a coach driver and it was my boss himself that took over my run. As I left the vehicle I told him that, in the past, migraines have never lasted more than eight hours and that I expected to be fine to go in to work tomorrow.

I recieved a text message from him at 1330 telling me that, to be on the safe side and to make sure that his work is covered, I should stay off tomorrow. I rang him at 1600 to tell him that I felt fine to work tomorrow, as I told him when I left this morning.

He is basically refusing to let me come in tomorrow, saying that he had to get the work covered. This is despite me telling him that I would be ok. I should point out that he rarely, if ever, makes sure that work is covered in advance like this. Quite often I don't find out what I'm doing the next day until 2100 ish the night before.

I'm based in the UK and do not have a contract of employment that sets out sickness policies, despite being with the company for over 2 years.

Can my boss do this? I don't get company sick pay so I'll be missing out on a day's pay despite telling him that I'm fit for work.

Thanks in advance, and sorry for waffling on so much.

Answer 1

Sounds like your boss is worried and is looking out for you. He probably has gone out of his way to cover your shifts and cant change it as other people have committed to him. I would make the most of it if i were you, i know you will loose out on a days pay but think a day to relax and put your feet up. Your boss doesnt want anything to happen while your on the wheel.

On another note try to ask your Human resources dept for a contract as by law every working person should have terms inc sick pay etc. This will at least cover your back in case it happens again.

Enjoy your day off

Answer 2

Your boss can insist anything that he wants but weather this would be considered right by an employment tribunal is a different matter. When you are off on uncertified sick then it is right that you keep your employer informed of the situation even if this means ringing in every day. However when you are long term sick they must take notice of your Dr's certificates. Your employer should involve Occupational Health ( if a large company) to work out what is the best way forward for all concerned.

Answer 3

Being a cynical sort of person I too would be wondering about his motives. Maybe he just hasn't got much work on and sees this as a way of saving a day of your wages. I would turn up for work as usual tomorrow just to see how he reacts. Hopefully he's a nice guy and genuinely is just looking out for your health - after all, a driver with a migraine is a dangerous thing! But whatever happens, you have the law on your side inasmuch that he's breaking the law by employing you without issuing a written statement of your terms and conditions of employment.

Answer 4

He can do this. To be fair, your boss has a huge responsibility in letting drivers on the road with a coach and it is not unreasonable of him to keep you away from the wheel if he's concerned about your health and the possible repercussions for his business and more importantly the passengers if you're taken ill on the job.



If it was me I'd take the day off and when you go back ask for a talk with him about where you stand. Make an appointment so you won't be interrupted.

Answer 5

You are in luck. If there is no contract of employment then you have a verbal contract. Get him to try and wriggle out of that. Whether or not he has issued you with a written contract, you have rights. See the links below.



I would not worry about taking the day off. Maybe he is concerned, maybe he is trying to make you feel uneasy as he cannot rely upon you, hey, you have a day off, I expect there will be plenty of work after that especially as he only gives you so many hours notice of your next job.

Answer 6

He is probably worried that if he lets you come in to work tomorrow and you get in any kind of accident he will be liable for letting you drive when he knew you weren't well today. I would imagine it's an insurance thing. If you don't have a contract there is nothing saying that he can't decide to do this, so your pretty much out of luck. Enjoy the day off I guess, not much else you can do.

Answer 7

He is making sure he is covering the Health & Safety laws to a tee - u can't blame him. If he let u back behind the wheel and ur migraine came back while u were driving, not only would u be a danger to yourself but to others.



Don't take it personally - I am sure he would do this to any other driver too.



He's just looking out for u!!!

Answer 8

To be honest, it sounds like your boss is just looking out for you and making sure you don't feel under pressure to come into work tomorrow.

I wish my boss was more like this!

If he has already arranged cover I'd leave it for tomorrow and just enjoy the day's rest at home but if you had already said you would be fine to come in the next day, you would think he'd check with you first .

Answer 9

You do have a contract even though it is not in writing. You have also acquired full employment rights under UK employment law.



Your employer is in breach of that law by not providing written contracts or statements of particulars to his employees.



Your employer can make someone stay away from the workplace for health and safety reasons, but they must show a full written risk assessment that demonstrates that their actions are reasonable and appropriate. If he does this, he will set a very dangerous precedent for himself! He also has to pay you, otherwise he is not only in breach of your contract, he is also making an unlawful deduction from your wages.



Assuming you are not in a union, I suggest you get the phone number from the ACAS web site and ring them for advice.

Answer 10

Well it doesn't matter if you have a contarct or not - you are still entitled some rights.



If you are able to come back to work and have made it clear to your employer that you are able and willing to do so, then he should not prevent you from doing so.



Basically he is making you lose out of a days wages for no reason?



I would go to your nearest Citizens Advice - or call them - they will be able to tell you exactly what you have rights to.



Read this - it may help.



http://www.adviceguide.org.uk/index/e_sickness_at_work.pdf



http://www.adviceguide.org.uk/index/search.htm?pr=adviceguide_index&query=sick+pay

Answer 11

So im guessing you're essentially a self employed driver that works for the company?



If so and you have no contract then yes he can do this

Answer 12

Put ya feet up and go back tomorrow what the big deal!

Answer 13

if he sacks you for being ill its illigial