Hi I had brain aneurysm surgery ( coil and stent repair ) last year , I’ve been signed fit to work but employer won’t allow be back until I have had occupational health assessment which I understand , according to those in the know this now means I am in ‘ medical suspension ‘ until I’ve had assessment it also means I am entitled to full pay until it’s resolved then I can go back to work as normal . But trying to explain that to my employer is not going down too well as I was told by them that that’s not what happens and I am struggling to get an answer or reply to phone calls with them , I haven’t had any wages since September and am not entitled to any benefits , it’s beginning to really wear on my mental health , and I’m scared I’m going to put my job in jeopardy if I peruse it , but at the end of the day I’m only asking for what the law says I’m entitled to !! Has anyone else had similar problems in returning to work ?
Returning to work after surgery : Hi I had brain... - Headway
Returning to work after surgery
You may have seen this or similar before, but it is taken from qcs.co.uk
Hope it is useful.
What is medical suspension?
Medical suspension is a period during which an employee is suspended from work on full pay whilst the employer investigates the employee’s health condition.
When should you place an employee on medical suspension?
There may be occasions during employment when medical suspension of an employee will need to be considered. This includes scenarios where the employee is not in a suitable condition to attend work, but insists that they want to come to work. The employer should carefully review and assess the situation having regard to the health and safety of the employee concerned, and decide whether medical suspension will be necessary.
Before suspending, an employer should consider undertaking a risk assessment to determine the potential impact upon the employee if they continued working in their role, and whether any adjustments would be possible to help them continue. Employers should also consider whether it would be possible for the employee to work in an alternative role.
Where adjustments are not possible, the employer may then consider suspending the employee on medical grounds.
If medical suspension becomes necessary, an employer would be advised to draft a suspension letter which provides information in relation to the suspension, such as the time period, the rights and obligations of the employee during suspension, a point of contact for the employee and their contact details. The purpose of suspension should also be explained to the employee in the letter.
What pay will the employee receive?
The employee is entitled to full pay and benefits during a period of medical suspension for up to 26 weeks, provided that the employee has at least one month’s continuous service at the time on which suspension begins. In the event that the employee is no longer able to work (e.g. because they have been admitted to hospital), or they have unreasonably refused an offer of a suitable alternative role, they will no longer be entitled to receive full medical suspension pay.
How long should suspension last?
Medical suspension should last no longer than is necessary and should be kept under review. The length of suspension required will be dependent upon the circumstances and the condition of the employee.
Should you contact an employee during medical suspension?
Employees should be kept regularly updated about their suspension, the reasons for it and how much longer the suspension is expected to last. Employers should ensure the employee is fully supported during suspension.
Medical evidence
It may be the case that a medical opinion needs to be obtained in order to assess the employee’s condition in further detail before any decisions can be made. A medical expert may provide further details such as how long the employee’s condition is likely to last, and whether they are able to return back to work in the same role or whether any adjustments/alternative roles need to be considered. This information can then be used to decide when it would be the most appropriate time for an employee to return back to work (if at all), and assess whether the employees condition may amount to a disability.
Ending suspension
Once the employee is fit enough to return back to work, the employer should take steps to end suspension immediately. It is advised that a return-to-work meeting should be arranged on the employee’s first day back in order to discuss any concerns which the employee may have.
*All information is correct at the time of publishing. Use of this material is subject to your acceptance of our terms and conditions.
Topics:Employment Law
Napthens LLP
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Thanks for the information , but trying to get employer to acknowledge what the situation is is another thing feel like I’m in limbo and still being punished for having an aneurysm ......not something you want , I just want to put last year behind me and try and get back to normality .....going back to work
I fully appreciate that getting an employer to comply with things there to protect both you and they is far from easy. Making things clear in a way that does not put them on the defensive is something I do not envy you having to do. Practically, all I can do is wish you luck with putting the last year behind you.
Difficult situation, isn't it? Frustrating and worrying. Good advice and info already here. My own experience was I had a craniotomy for a large aneurysm (22mm x 14mm) back in March 2017. My husband of 30 years left me the very week the aneurysm was discovered so my sons and I had to cope as best we could. I had 2 years off work. I had full pay for 6 months, then none for a while as they expected me to get ESA/Universal Credit. I got nothing at all for a few months, then work were appalled by my lack of benefits and they paid me a bit each month. A year later UC decided they should have paid me and they did so for a while. By September 2018 I was in such desperation for a bit of stability finance-wise, I went back to work after being seen by Occupational Health doctor. I wasn't actually fit for work. My employers and colleagues didn't get the issues I've been left with and no adjustments were made. This pressure from work and the awful divorce I was going through ended up in me having a stroke at work 11 months after I'd returned. People at work noticed I wasn't right, but no-one suggested I take a break or go home. It was my son who dialled 111 when he saw the state of me back home. I was then off work until December last year when I was dismissed because of ill-health. I was served notice in September so I applied for medical retirement (I worked for those employers for 34 years). Nearly 4 months later no decision has yet been made and I am completely without income other than PIP, which was recently granted to me after 2 refusals previously. I get no ESA even though I've contributed fully for 40 years, the year they looked at was a year I was off sick and because of my lack of pay my National Insurance contributions fell short.
I wish you all the best. I hope you are treated appropriately and have your situation sorted properly.
Wow sounds like you’ve been through some tough times , it’s hard to explain to someone who hasn’t had anything similar how you feel and I hope your future is on the up and up you sound a very determined lady , I just need to get the O H assessment done , but according to employer it’s been cancelled a couple of times and due to COVID and the lack of people in the office on different days it’s hard to coordinate ......I’m not sure if it’s a delaying tactic or not but without sounding harsh .....that’s not my fault and there not the ones trying to get by with no money for 5 months , anyway I’ll try my best to get employer to see what’s the right thing I don’t want to have to take it further but needs must thanks for your reply x
All sounds very familiar! I had to have another OH assessment a couple of weeks ago, simply to decide if I'm entitled to a small sum when they formally terminate my employment in the near future. The whole process was a nonsense with me having to drag someone across London to help me on a phone call. I refuse to let bureaucracy get me down or dictate my existence. The world isn't built on 'I wish...' or 'if only', so like many, I just try to make the best of the hand dealt...plenty worse off than me, after all.
I know what you mean I feel as if I’m being given the run around now all I want is to get it done and get back to working and earning just can’t understand why it’s taking so long at the end of the day it’s just going to be a phone call , but you can only go on what your employer tells you , and if the people dealing with it are not all in the office at the same time due to COVID , which I understand why there not able to pass information to the next person ......seems like a ruse to me I’ve been waiting for this since October and money or lack there of is getting ridiculous now
Hi Sparkleboo,
They aren't being intentionally difficult - but there's no doubt it is very difficult for you. Can you apply for the earnings related ESA benefit in the meantime?
gov.uk/employment-support-a...
And have you had statutory sick pay SSP paid?
Jen 🌸
Sick pay ended and due to the hours I work not eligible for esa or any other benefits , at the end of the day I’m cleared fit for work by gp and consultant and just trying to get back to work , and am only going on what I’m entitled to ....which according to different sources full pay if I’m fit , keen and willing to work but no work is being offered until I’ve done assessment , which is probably only going to consist of a phone call , can’t understand how or why it’s dragging on for this amount of time .hopefully I’ll get things sorted soon , at least getting back to work will give me order and a reason to get up as this is all taking a toll
Oh crikey Sparkle, that's rough after what happened to you - no other benefits? (Mind you, I don't think I could get anything except ESA)
No expert in this, but I think they legally have to make adjustments at work if you need them.
What do you do? I haven't been able to go back because I still can't handle screens - or even an online shop frankly. There's a few people in here who know the employment law better than I do - so perhaps they'll chip in here.
Do you really feel ok now though? It sounds like quite early days for you.
Sorry it's so difficult for you - sending a virtual hug 🌸x
I’m a part time carer/ pa for one lady , and now don’t require any adjustments at work as it’s been 6 months since surgery and any aids that I had at home post op ( long handled grabber to save me bending down to pick up things load washing machine etc which was extremely painful for a good couple of months ) has improved to where I don’t use it anymore ......I think it’s mentally that I still having problems and the added stress and worry over the working situation is not helping.
Glad that the physical side of things is so much better. You're right, stress and worry don't usually help. What sort of problems are you having ?
Jen 🌸
Hi just a feeling of not knowing how to feel if that makes sense , feeling and being alone ,that no one else knows how I feel , anxious stressed and slipping into depression .....just want to try and feel as if I have a purpose and not being a burden to people, a feeling of hopelessness , and not much use to people .....I was always the one who would put everyone and everything above myself .....I know COVID hasn’t helped with not being able to see family like I used to , but even they can’t help even if they were nearer
Oh Sparkleboo, I'm so sorry you feel like this. It's really important that you talk to someone about your feelings, and how you are at the moment. It's not a good way to feel, but with help and support this will change. Who have you tried to talk to?
You are coping very well so soon after your BI, so it wouldn't be surprising to still have very difficult feelings. If you've been discharged back to your GP, try and book an appointment and explain how you are really.
Please talk to the Headway helpline tomorrow about how you feel and what / who might help (0808 800 2244) they really will understand.
And if things get bad, you know you can always contact people here by a quick post, we will all understand too. Don't hesitate to talk to the Samaritans either (116 123) you can talk to them about anything - samaritans.org/how-we-can-h...
You aren't alone here in your feelings. I've had to struggle with those thoughts too, and I expect other people here have too.
I think it's important to remember that you are worthwhile and have value just the way you are, as a wonderful unique human being in your own right, and that your worth doesn't depend on what you can do for others, but is in just being you, as you are, right this minute.
I really don't like being the one that needs help, instead of the other way around, so I get that.
Being able to drive again helped me feel so much more competent and able to contribute - it made a world of difference 😊 but then so has working through all the feelings post TBI with a neuropsychologist on the advice of a neuropsychiatrist, and taking antidepressants for eighteen months - please don't be nervous of these if they're offered - I really really didn't want to take anything, but did have to admit they made a difference in getting back myself - not that I don't still have bad patches, but I've got more strategies to use now. And yes, Covid is very hard to deal with just on its own - so you are doing the best you can at the moment.
Sending you a huge virtual hug - I hope you get the right people to help you through this - and yes sometimes our nearest and dearest don't always get it - but there are people out there that do, and it really helps to talk to them. ( And to vent on here anytime x)
Jen x 🌸
Thank you it’s finally nice to talk to someone who gets it ! I’ve finally started phone sessions with the brain charity .....first one this week and am trying to find medication that agrees with me as I got to the point I can’t do it by myself x thank you for your kind words
Hi Sparkleboo,. I remember that's how I felt when I first rang Headway, and most powerfully when I finally found this forum. Persevere with finding the right drug, it can really help a lot, but different people react in very different ways - the key thing with brain injuries is to 'start low, and go slow' with drugs, but there is a bit of a trial and error period to go through. It's worth finding a drug you can tolerate fairly easily. The main thing is that you have support and aren't trying to tough it out by yourself 👍😊
Let us know how you get on, and just yell when you need to
Jen 🌸 x
Thank you x same goes for you , not that I can solve any problems but just nice to know there’s someone who will listen and understand what your going through x☺️
Take care, and be really kind to yourself (as kind as you would be to a good friend going through the same difficulties 😊) And let us know how you get on x
Thanks will try , I had my occupational health assessment yesterday , and was given clearance to return to work ......now just have to jump through more hoops from employer !! I mentioned to her again about the wages I’m entitled to , unfortunately she still seems not to be adhering to what the law is that I’ve been entitled to full pay since I was signed fit for work but unable to go back until I’ve had OH test ....I’m not going to let it go as by law I know I’m in the right ......more worry just hope it doesn’t make it too uncomfortable when I get back to work I guess time will tell. Chat again soon x😉
That's great you've had your assessment! So pleased for you 🎉👍Always happy to chat, hope everything keeps going ok x 😊
Thanks x still got a few things to try and sort out .....owed wages being at the forefront ......it’s hard to approach employer about it especially over the phone , As she says I’m not entitled to it . The assessment was just a 20 min phone call of yes/no questions with all relevant questions having been already answered on 5 or 6 occasions
Oh dear, Sparkleboo, how frustrating that the assessment was quite basic, though to be fair it's probably an employer insurance requirement.
Is your employer just the person you care for, or a larger company?
Particularly if the former, I would take great care in pursuing your claim. There is not a great deal of employee protection these days, I hate to say it, given what you've been through though. Yes, you could potentially file for unfair dismissal, but that's not a great comfort at that point. Do you have any insurances or bank accounts that include free legal cover - sometimes it's just added on? It would be useful to talk over your legal rights and all likely outcomes - otherwise it might be worth trying to talk to the citizens advice bureau - or both? I think you might find that medical retirement mentioned doesn't apply to small /medium private firms - it's unlikely to be part of your contract / terms of service - though worth checking of course - except that's not the outcome you really want.
Take care - hope you can get back into work, and that it will be a huge help to complete your recovery 😊 x
Hi it’s just a one to one which makes it difficult as I don’t want there to be any bad feelings but just feel as if I’m getting ripped off I’ll have to recheck with citizens advice/Acas before I email her I’ve spent so many hours helping her fill forms in to get everything that she’s entitled to ......but the same can’t be said for help in the other direction , horrible when you see people in their true colours , I think it will change my attitude to working there , I’ll still do my job to the best of my ability but anything personal now has been forever changed x
Oooh that's really quite tricky then, and hurtful personally, so sorry. People can be quite irrational unfortunately. Sad to say, private employers are not quite so careful about the letter of employment law, and are often more focused on their finances - and it is very easy to dismiss people these days (the flip side is that private employers can be more flexible and less impersonal to work for - I've always preferred it)
I think you might need to weigh up the benefit of keeping the work relationship and the work (and a decent reference) while you get back on your feet. It's much easier going back to a work environment you know when you've been off for a while ( particular after a brain injury) and much easier to get a new job while still employed than when you're unemployed - even if you have the moral high ground.
Here's a depressing cautionary tale. Years ago, I watched my then husband take his company to a tribunal - it was excruciatingly stressful, personally hurtful ( like you) dragged on for ages, and ate through all our savings. Worse still, the tribunal ruled in his favour, but did not award any money to him as a result, I think each side had to pay their own costs. It was all pretty awful even if he was proved right.
In your position ( easy to say, I know) I'd just put it in writing in a very nice way, so there's something on record, and then put it out if your mind, because you, and your own personal recovery is so much more important, now and in the long term.
Really feel for you, and am sending a virtual hug 🌸 you sound like a lovely person - so focus on just being you x
Thanks you’ve put it in really helpful terms , I’ll reiterate it to them and just wait until my pay day to see what happens , apparently I’ve got 3 months minus one day to make a claim but like you say after last year with the surgery I don’t know if I’ve got the mental gumption , to persue it as at the moment jobs are hard to come by especially for someone the wrong side of 50 and I need/want to keep my job and not have bad feelings between myself and the lady I work for , thanks for all your help you sound lovely too , if there’s any time you need to chat I’m here 💐 I might not be able to solve anything but like you say nice to vent x
Thank you 😊 we all get bad days and need support - it's made so much difference to me, being able to reach out on here. Totally relate to the wrong side of 50 thing too! Hope it goes ok X
Your comments and advice have been a great comfort and boost to me too , it’s just nice to be able to chat to someone who has had a similar experience , for as much as family think they get it , I don’t think you can really understand , how to feel when you really don’t know yourself so thanks 😁x
Hi Sparkleboo,😃it seems your employers aren't well versed in the law ! You are entitled to full pay until such a,time that you have been assessed and found fit enough and able to undertake your role ? What is it by the way? Or you are found not fit enough and you leave work on medical grounds. Either way you should be paid until that time .😘
Apparently she said due to the type of work I do ( carer /pa) that I’m not entitled but as a “ good will gesture “ 2 weeks holiday pay will be added to my wages upon return ...... when I requested this during the time my sick pay had stopped and I wasn’t eligible for any benefits it fell on deaf ears !!! I’m going to recheck all my information with Acas ....as she said she’s not sure what do do if I persue going down this route ......backed into a corner , don’t need to loose my job over this but feel but don’t feel as if I’m getting any support
Have you tried citizen's advice ? They would let you know where you stand legally I'm pretty sure what they are doing is illegal keep us posted ,👍
Thanks I’ve been in touch with both cab and Acas , just need to see how actually going to work and again putting my side to them goes , I don’t want to have to return to work after almost a year off and be made to feel uncomfortable , to the point I have to resign as jobs are not that easy to come across at the moment with COVID and lots of people where I live being out of work ( lots of hospitality work ) and although I know I’m in the right I’m hoping that an email to employer stating the facts might do the trick
Fingers crossed good luck hope it gets sorted for you very soon 😘😘
Thanks and thanks for your advice 😉
Update Returned to work on Monday , had to have back to work interview , that was ok then , the questions began the next day , on the return to work interview there was a question about my absence ....sick notes , the question of when I became ill and when illness ended , I put quite rightly the date doc signed me fit ......this hasn’t gone down well as was almost interegated yesterday as to why I felt my return to work was a month earlier that my physical return , to which I answered as I was available for work BUT wasn’t allowed to until the OH assessment , to which the question was asked again ....same reply ,
I have been paid for the last two weeks in January (woohoo) but the time between 27/1 and 15/2 has now been reported to me as Authorised absence !!!
Which I never requested etc ,
My work hours have all be shifted around , and the atmosphere at work has really changed , my employer seems on the defensive all the time and to be truthful at the moment I am having mental health councilling from 2 different sources and don’t feel strong enough to deal with all this at the moment
I was really looking forward to returning to my little part time job as another tiny step in trying to get back to some sort of normality 😞
I'm glad you are back though Sparkle - sorry it feels a bit stilted at the moment - but it probably would after a long gap anyway? Just ease back gently. Hope the counseling is ok too. I think Froggiefrog has the right of it too
Take care 🌸
Jen x
It is easy to see things as being heavy handed etc, which indeed it might be...on the other hand, rather than being anything sinister, it could just be good old fashioned incompetence and people 'treading on eggshells' rather than letting things unfold. Hope all works out for the best for you.
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