How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 68162
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I’ve been suspended from work on medical grounds and I’m not

This answer was rated:

Hi, I’ve been suspended from work on medical grounds and I’m not entirely sure why. I am not being updated by my employer and my union haven’t returned my calls since the suspension in December
Assistant: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: No
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: an employee
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Yes I have a union but they’re not responding to my calls

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Have you been of for sickness and if so, for how long? Also, how long have you worked for this employer and please provide some background on the situation that you now have

Customer: replied 5 months ago.
I was off work on Tuesday 17th December 2019. I called my manager at around 11am to tell her I’d be on the following day. She said that was ok. Then later that afternoon she sent me an email to say she was suspending me on medical grounds until I had seen someone from Occupational Health
Customer: replied 5 months ago.
I don’t want a call
Customer: replied 5 months ago.
I started this job in September 2019

So you were off for 1 day? Have you had any other days off for sickness?

Customer: replied 5 months ago.
12 in total
Customer: replied 5 months ago.
8 for a throat/chest infection which my Dr signed me off her
Customer: replied 5 months ago.
The others for mental health reasons

OK thank you, ***** ***** is your specific question in relation to this please?

Customer: replied 5 months ago.
Well, do they have grounds to suspend me for being off for one day?

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and other Employment Law Specialists are ready to help you

Many thanks for your patience. Being placed on suspension for medical reasons is not the same as being suspended for disciplinary ones. Medical suspension is when the employer has concerns about your health and safety at work and they do not have a professional opinion yet as to whether you should be allowed to work or if you need to be off because the workplace may affect your health and safety. So it is just a precautionary measure until they get more details, usually through OH or your doctor. The suspension should be on full pay and you should be penalised in any way because of it