British Liver Trust
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Occupational health and works duty of care?

Some of you on here may know my history and that I have been dismissed from work due to gross misconduct. I feel my health conditions have had a direct impact on my actions. 3 years ago after seeing occupational health for a few months they said I was fit to return to work. The People Manager at the time said the company want to monitor my health every day until they feel I no longer need it. That was the last time they checked on my wellbeing.

Should they have followed up occupational health visits and kept an eye on me? I'm told they should have and also known my condition now left me with a disability. Has anyone here had a similar experience or know what the law entails?

3 Replies

Hi acjb. It sounds as though you are talking about a fairly big employer, big enough to have an occupational health department. Did you get any of these discussions/agreements/statements by your employer in writing at the time, or were they verbal arrangements. Can you remember what the arrangement for "monitoring" you was to be, even though it never happened.


I don't think anything was put in writing. I was told I'd be seen daily after each shift to see how I was coping. Considering I was visibly weak and yellow from jaundice you'd think they would have remembered to follow it up.


I think you might be on shaky ground if you have nothing in writing. I'm no expert on this but I think an employers duty of care is more along the lines of providing a safe working environment and reasonable hours, that sort of thing. Making sure the employee is trained and has a channel for making complaints about working practices if needed. I'm not sure how much it would extend to having face to face meetings with you frequently and asking how you were medically? I'm assuming that most employers are guided by doctor's sick notes as to whether someone is 'fit for work'. I would have thought if you were jaundiced and weak your GP should have signed you off work and you could have claimed sick pay? Either the company sick pay or SSP if your employer didnt pay sick pay. If the employee has frequent absences where each absence is 'self certified' being less than 7 days normally an employer interviews the employee to find out the cause. With you, was it a case of dragging yourself into work each day when not really fit for work, rather than you taking a lot of sick leave?


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