Doctor's note rejected by employer

[Miniminx13]

Not sure which forum this question is best for but does anyone know if an employer (salon/spa) can refuse to accept a therapists doctors note signing them off from performing a certain treatment on medical grounds?

I know some doctors notes are worded differently ie... "should refrain" but surely the employer has a duty of care to take the drs advice and allow the therapist to do other non-contraindicated (for want of a better word)...

 

[crazybek]

What does your sick note say?

Im not sure about it but hopefully some other geeks should be abled to help.

Are you asking to refrain from alot of treatments or just one

What are your employers saying?That they wont accept it and your to carry out the treatments ayway?
x

 

[Welsh Nails]

I could be wrong, but I should think that if a therapist ended up having to leave due to their employer enforcing such a decision, I would have thought that would be construed as constructive dismissal!
However. You would have to take into account is the therapist specifically contracted for that treatment? If so, are they now unable to do now or in the future the role they were employed for? Why did the doctor simply not sign off the therapist on the sick altogether?

Of course, I would definitely check employment law, as it is so easy to overstep the mark on either side, and the goal posts are moving all the time!


therapist

 

[Lynne Baker]

You are employed to do a particular job which will have certain tasks outlined in the job description. If you are unable to carry out those tasks and the Gp has signed you off for an indefinite time period then your employer can deem that you are not fit to do the job for which you were employed, and therefore dismiss you on medical grounds.

 

[kylieb]

I had trouble from my last employer with this. I had something wrong with my arm from the 1-9pm massages he'd give me to do everyday. My doctor signed me off my treatments and my boss told me to use the other hand!! I think you will find after your Dr signing you off something - you won't be covered under your insurance.

 

[persianista]

Lynne is correct. if you cannot do the job you were employed to do, your employer is entitled to dismiss you on medical grounds.

 

[AcidPerm]

The employer cannot insist that you perform a treatment that your GP has deemed you are medically unfit to undertake.

They may try to dismiss you on medical grounds but it's by no means a straightforward process, particularly if you are able to perform the majority of your duties.

If you feel that your health is being compromised, then you should probably seek proper legal advice from a competent employment lawyer. You can be sure that your employers will be doing just that too!

 

[Miniminx13]

It's definitely a difficult situation... It's not me personally but other therapists being signed off some treatments. Primarily massage due to physical strain of 5 plus hours back to back daily...Not RSI but for example one therapist has ME,another ligament damage which could end her beauty career if not allowed some respite. The company is stating doctors notes will not be accepted... No negotiation. Its full quota of Massage or signed off with SSP. For the vast majority of cases, many other treatments could be performed comfortably and there is sufficient 'other' jobs the therapists could do as its such a busy place...it seems almost there is a lack of care for staff well being....

 

[Emma H]

When i worked in a spa and was constantly put on massage my back eventually went into spasm and i couldnt physically do anymore massage. I went to the doctors and he signed me off doing massage for 2 weeks to allow my back to come out of spasm and 'heal' before i done anymore damage.
Fortunately my Employers were ok with this (well they didnt have much choice) but they still would be sneaky and try and book the odd massage in which i told them they would need to move or re-book in with someone else.
I left this job not long after anyway (and the beauty industry) and still 5 years later my back gives me problems of spasm and pain and after an x-ray i have found out that my back is damaged but i can do a lot of things to help.
However if it was long term sign off i wouldnt have expected my employer at the time to put up with it as massage was part of my job description.

 

[Lynne Baker]

It's definitely a difficult situation... It's not me personally but other therapists being signed off some treatments. Primarily massage due to physical strain of 5 plus hours back to back daily...Not RSI but for example one therapist has ME,another ligament damage which could end her beauty career if not allowed some respite. The company is stating doctors notes will not be accepted... No negotiation. Its full quota of Massage or signed off with SSP. For the vast majority of cases, many other treatments could be performed comfortably and there is sufficient 'other' jobs the therapists could do as its such a busy place...it seems almost there is a lack of care for staff well being....

It's harsh, I agree, but employers need to stay in business, and however unpalatable it may be, we do whatever we need to do to protect the business.

 

[Steph86]

I did notice, they can't be signed off for one treatment. But they can be signed off for ssp to IF something is damaging their health then it they aren't being forced to carry out said treatment.

Could you all ask to speak with the management and discuss the issue? This could mean more staff but then current staff take a cut in hours?

I don't envy the long hours/hard work of massage. Although like most, I do enjoy a massge xx

 

[Welsh Nails]

I'm probably being stupid here, but listening to all the I formation on here about how doing massage back to back can do damage, how is this allowed to happen??
Fair enough if it for the odd occasion.
If it were anything else injuring people the health and safety exec would be down like a ton of bricks, so how come salon owners can allow this to happen, especially in cases where there are enough staff members to 'share the load' and do other treatments too!

 

[Lynne Baker]

Mostly it's down to ignorance of the HSE ramifications, but there are other factors involved. Greed, financial pressure, myopia, lack of scruples all play a part.

 

[OBIC]

It is harsh the amount of massage you are expected to do in spas but i guess the only thing to do to protect yourself is to go on additional courses. Yes it is also harsh it isn't regulated.

Unfortuntely everyone leaves college expecting that training to be sufficient but the truth is you need to do further 'hands free' and 'maximum pressure, minimum strain' type courses to stay afloat and protect yourself. I have spent alot on additional courses ( although I enjoy learning new things) and it has really helped me. I no longer work in a spa permanently but do temp and obviously there are places I go where where ther is a lot of massage all day.

There was a girl at my old work who had back problems and couldn't do massage after a car accident but because it was a big hotel chain they just put on facials etc but generally as said above they will say you aren't fit to carry out your job in most places.