military do not accept note from Civilian Doctor

[JT9563]

I am currently serving in the Armed forces and have been doing so for ten years now. recently I incured an injury on myu ankle that has left my leg in plaster and unable to work as a result. I have been contacted today by A WO1 in the Army saying that I need to see a Military Doctor as the note did not specify 'unfit for travel'(presumably emplying that I am quite capable of going in to work every day and doing nothing if they collect me).

Surely there is no legal president for this as a doctor is a doctor regardless. Without wishing to incriminate Military Doctors, I have seen many examples in the past, where, due to peer pressure from higher ranks, Military Doctors have over-ridden Civilian authorities

Where do I stand legaly? Can they make me move from my home to live on camp, just to answer phones all day?

[mike1222]

How times have changed!!  You've been in the Army (presumably) for ten years and you don't know what they can and cannot make you do? 

Why don't you go and have a word with you Regimental Sergeant Major and tell him that a) you don't feel like returning to your unit, b)you don't want to be employed answering telephones  and c)you are going to take legal advice about it all.  I'm sure, if he is like all the "old" RSM, he will treat you very sympathetically!!

[Chessman]

Surely an ankle in plaster doesn't disqualify you from travelling, as a passenger, train, boat or plane, your Sergeant Major is correct in what he says, unless you doctor has written to your rgt and said your unfit to travel, which he will do if your not. I came out in 1976, after serving ten years, and thats the way it was then, no reason to suppose its changed.

[woofgang]

legally, if your employer wants a second opinion on your fitness to work, then I believe that he (or she or it) is entitled to one. If you are unable to travel because of your injury, then they should arrange transport.

If you are fit for light duties and it sounds as though you are then as one of the people who pays your wages..... get back to work!!!!!!!

[stevie21]

Without further ifno it does sound like you're fit to travel and assume light desk duties. Why would you want to refuse to work? I'd be going round the bend sitting at home all day.

A Military Doctor will have a better idea of exactly what duties might be asked of you and if you're fit for them. A Civillian Doctor may be unsure of this.

[KebabMeister]

Queen's Regulations will most likely stipulate that a Military Doctor has to confirm any injuries that are preventing you from carrying out your duties.  If it is a Queen's Regulation then it will no doubt be exempt from normal legal proceedings.  If you did want to challenge the ruling you'd have to go through the European Court of Human Rights but that could take years (you actually would have a case but it could take up to 10 years and wouldn't do your promotion any good).

How far away from work do you live?  Is the WO1 from your Regiment or the AGC?  Is there anyone you can speak to from your company?  (what rank are you btw?)

If the Military Doctor states specific light duties, but you can't drive, then you will have to be collected from home and carry out any duties deemed suitable (and avoiding further injuries).

Good luck, but in all honesty I don't think you have much of a leg to stand on (no pun intended!).

[Ward-Minter]

I would say dear boy that if you are fit to undertake office tasks they can enforce it. Good idea to see RSM. Don't know what pay restrictions are nowadays in the army but know they will look at "sickness" records for any future promotions.

Hope you mend soon. Chin up boy and best of British.

[JT9563]

Maybe I should stipulate that I live 50 miles from my place of work and being forced back to work would mean being forced in to the block, in to an empty room with no amenaties.  So that then my work life would not suffer, just my actual life.

[ursula62]

Presumably it was your choice to live so far from your workplace?

[JT9563]

Yes.  I expect much the same as everyone else in the world who has to travel to work.

[ursula62]

Ok. That's unfortunate.

If they had made you live at one base and work at another then they would be liable for your travel arrangements between the two. 

If they are offering you accommodation while you find it hard to travel, then they would be seen as being more than reasonable. I suspect you're going to have to take this on the chin and learn from the experience.

Is there any way you could work different shifts to make your journey easier?

[JT9563]

No, phones only need answering between 8 and 5.

Just emphasising that for all the bad it will do like having to get someone to watch/Help me in/out of the bath, permanantly asking people to carry my cups of tea, my dinner etc, wearing a pair of shorts round camp (as uniform does not fit over plaster).  That for the sake of aswering phones that are already being answered I'd be much better off at home, which, I presume is why a civvy Doc has signed me off, because he not only thinks about, but cares about the bigger picture, unlike the Military.

[DannyK]

It does soundmean, but that's what the forces have alwyas done.

My husband broke his tibula and fibula, we live 50 miles from base and he had to stay in accom with a shared shower, dining hall etc. The main issue for him was the inconvienience of it all, he would much rather have sat on his backside at home!

The reality is that someone would have to all those things for you if you stayed at home - at home you still need a bath, toilet, feeding and dressing - so I can't see that they're being totally unreasonable to be honest. Sorry

[january_bug]

1. The doc signed you off cos you presumably paid �20 for the note. Has anyone ever been refused a sick note?!
2. Your employer, especially in the army, has every right to ask for a second opinion. 
3. Ward-Minter, I'm surprised you don't want to see JT9563 Court Martialed and shot for this!  :-p
4. Sorry to be petty but it's legal precedent not president. 
5. Can't you ask around the base to find out what happened to others in similar circumstances?
6. Most employment contracts are based on the idea that if your duties have to change for a while due to unforseen circumstances beyond the control of either party, you will just do it!
7. I strongly agree with comments about your promotion prospects.  Even in civillian jobs, being helpful and flexible counts for a lot.  I can't believe a serving soldier can't be bothered to help out colleagues in a different department for a few weeks, when he is not up to normal duties, but otherwise perfectly fit for work.  Think how your WO1 will see it if you let show this "can't be a.r.sed" attitude.  I do understand that it's an inconvenience, but that's life!  You can't possibly have expected the army to be easy!!

[johnlambert]

You should report back to your camp ASP, if you do not your will be AWOL, when you report back you can "go sick" and IF you are not mallingering, you will be placed on light duties, and excussed boots, PT, excercise, operational tours etc in fact everything but head dress.  I am ex RAMC Sgt (I left last year) so I know what I am talking about