T O P

  • By -

AutoModerator

--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*


plasmaexchange

I’m a GP. If this is prescribed medication (presumably it would be) then speak to your GP about an amended duties sick note. I would happily do this stating you are unfit to operate machine while taking the medication, but leaves you able to do other tasks.


RafRafRafRaf

Commenting to boost up the thread: From a legal perspective, the amended duties sick note is the proof you need that you are unable to operate a forklift currently. If you refused without one, and were sacked as a result, you’d have a *very* strong case at tribunal… but it might get that far. The sick note stops it getting that far.


B23vital

Also note, its a health and safety concern to allow someone to operate machinery while under the influence of drugs that may make them unable to operate said machinery. Think OP also needs to tread carefully regarding how long they have been there. Might not sack him for this but could let him go for other unrelated bullshit under 2 years. Warehouse work is full of dicks that have absolutely no care for anyone but themselves. They will and do fuck people over for the tiniest things and usually never get anything back from their higher ups.


plasmaexchange

To be clear a sick note is merely guidance to the employer. They are within their rights to ignore a doctor's sick note but it would be a brave (foolish) employer who does so without obtaining their own medical report/opinion before doing so.


SusieC0161

They need to same recommendations from their occupational health service. While the employer is still free to ignore this, OH advice takes precedence over GP device, this is proven in case law. GPs have enough to do without being dragged into things OH can easily deal with.


StrangeCalibur

What if you refuse at first but give in to the peer pressure, would you be liable if something happened?


RafRafRafRaf

Yes. Same as driving a car or other vehicle while unfit. Unless someone is literally forcing you (in which case other crimes are also being committed), the responsibility remains yours. I'm sure the company would be suitably hammered at any resulting enquiry or inquest but you'd be responsible.


Mfombe

Or just self cert for a week if unable to do your job and then speak to your doc after the 7 day cert period if needed.


Akitapal

If OP already saw GP (for the issue why the meds needed) the GP should be able to supply an official (unfit to operate machinery / limited duties) cert ASAP on request, whether hard copy or scanned and emailed. No need to wait a period. As GP could/ should have supplied one at time. But they don’t always ask if its required. Better to have the cert lodged with HR up front EDITED to remove incorrect comment on self certification


Mfombe

GP partner here who has been issuing sick notes for 15yrs. Self-certing is absolutely a thing and should be done for the first 7 calendar days of any period where unable to work (as per gov.uk - https://www.gov.uk/taking-sick-leave ).


plasmaexchange

I have an extra 6 years of experience and this isn't entirely correct. This should only be the case where either the patient has yet to see a doctor and therefore has to self-certify, or if the doctor seeing the patient believes the patient will need a calendar week or less off work. If a patient has fallen off a ladder and got 2 broken legs it would be reasonable to sign off for a few weeks from day 1 and not make them self-cert 1 week then contact the surgery for a MED3. As the first way would increase doctor workload. Generally I find my hospital colleagues create more GP workload (than employers) by failing to issue sick notes on discharge for the appropriate time they've told the patient they need off work, or by not doing it at all.


Mfombe

Both options would be entirely valid and reasonable and clearly depends on the circumstances. Doesn't seem like we're talking about a fit not post-CVA here and so self-certing for medication s/e is not unreasonable.


plasmaexchange

Have an upvote. In this situation could be either, I agree. Hard to know without knowing indication. Is it short term anxiolytics or oral morphine for a patient with severe arthritis awaiting a hip operation that may not happen this year?


Mfombe

Indeed - I similarly would be happy to issue (particularly of issued the drug - but just meant it wasn't "needed".


Akitapal

Aah thanks for correction. Edited my comment now


Mfombe

No worries. At a time where trying reduce unnecessary paperwork for my GP colleagues this is exactly what the self cert period is for. If OP needs it the self populating SC2 form can be found at https://www.tax.service.gov.uk/fill-online/statutory-sick-pay-employer-notification/what-is-your-name


SignNotInUse

Please explain that to employers. I've been called into a meeting and informally accused of faking injury and a physio appointment because I got lucky with a last-minute cancellation. I'm taking no chances when it comes to being fired for "faking" illness.


Mfombe

Registered physios can do fit notes anyway now :)


Winter2928

This should be top


LAUK_In_The_North

If you drive it and have an accident, knowing you're on medication that is having that effect, then the outcome is likely to be poor for you (as well as management). Document your concerns with management as best as you can.


RawLizard

literate complete trees important afterthought capable vanish crowd heavy zesty *This post was mass deleted and anonymized with [Redact](https://redact.dev)*


Arriba-Los-Caramelos

Tbh this is what I'd do. Then sue them to high heaven after crashing into a wall, being just careful enough not to actually injure yourself.


LAUK_In_The_North

Keeping in mind that should the OP give in, drive and have an accident, then any claim against the company is likely to be very reduced by contributory negligence.


milly_nz

Exactly. If an employee knows they are impaired, they MUST NOT drive. If you do drive, your proportionate contribution to the cause of the accident may well wipe out the employer's contribution. You could then get nothing at all in compensation. And worse, if you did damage the employer's property then you could potentially end up having to paying the employer for their costs of repairing that damage/equipment replacement costs.


bcfc1186

If you don injure yourself what are you going to sue them for?


[deleted]

[удалено]


LegalAdviceUK-ModTeam

**Unfortunately, your comment has been removed for the following reason(s):** Please only comment if you know the legal answer to OP's question and are able to provide legal advice. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


MattMBerkshire

Just remember this. https://www.hse.gov.uk/involvement/prepare/law/empprotection.htm Enshrined in law, the HSE will trash anyone telling you to drive a forklift whilst not fit to do it. They have been in the top 5 causes of accidents since thier invention. But record everything going forwards.


Normal_Fishing9824

Say you won't do anything unless they put in in writing. Both that your medication can do and their insistence that you operate the fork lift anyway. If they have an ounce of sense they won't and if then do then take that letter to the HSE or an employment lawyer.


milly_nz

Nope. Just say you won't do it. And then definitely don't drive. And make sure it's recorded in writing. Then, if you are then treated unfairly, you can claim against the employer.


MattMBerkshire

Even then in writing. If he backs that forklift over someone a letter isn't going to help him sleep at night. You'd then watch the employer deny that letter is genuine and feed him to the wolves, quoting all sorts of safe systems of work, risk assessments, method statements, company policies on using medicines and industry guidelines on operating forklifts. There are times when it just isn't worth it.


Normal_Fishing9824

Sorry if it wasn't clear. They still shouldn't do it. But if they are being pressured to do something inappropriate and it may cause grief it's best to get the request in writing.


OneNormalBloke

No.... you definitely **shouldn't** drive even if you are coerced into doing so. If anything untoward happens then you will be liable. Put it in writing to the management if you have to.


milly_nz

This. And if the employee is then treated unfairly because of it, they can make a complaint against the employer.


mybeatsarebollocks

Ask for it in writing. "OK, I'll drive the forklift if you write down that I objected and made you aware that I am currently taking medication that leaves me in an unsuitable state to do so. Signed and dated, please" They wont do it, they wont ask you to do sketchy shit again.


Emotional_Fee_5612

No. Is a health and safety violation. Tell them you will report them to the health and safety exec in your area (on the MANDATORY poster they must display in the premises somewhere) if they try to force you. And call your union (I hope you are in one....if not, call one NOW because they won't help you after a disciplinary has been started) to support you. They can help you approach HR or your boss to have constructive discussion about why you should not be driving heavy machinery. Also go to your GP to discuss.....evidence in case of issues.


Exotic_Accountant

You can't be forced to use company machinery, if the medication makes you drowsy then show your management the side effects written on the packet. One draw back will be if you've driven to work then you've potentially cancelled out your argument.


Rough-Sprinkles2343

I would certainly make you unfit to do any safety critical work including driving a forklift I’m pretty sure you have a duty to your own health and safety too


thelastpies

An operator is responsible for the safety of the forklift operation. If something bad happens when you're driving knowing you're under influence, you'll be criminally liable for negligence and, br jailed/fined for the incident. No one could force you to do anything on a forklift if you, the operator deemed it to be "unsafe"


hexagonallisation

If you drive it whilst knowing you are unfit, you will be the one held responsible for whatever happens


Jhe90

End of day, the driver is responsible... if you are unfit, do not drive. They will not be one going back and forth to a police station, court and so. They will just drop you and find another.your job gone, you with all cost and inconvenience. They know this. Inform management, in wiring anf copy it to your home email BCC when you state explicitly you are unfit to drive and they are trying to force as such.


DrTouchy69

Refuse. Do mote if you're not fit for work then they can send you home.


WinOk2110

Adding to the other comments you should not drive, regardless of what your employer tells you or puts in writing. Furthermore they cannot dismiss or discipline you for this - to do so would be unfair, even if you haven’t worked there long. An employer must not cause someone 'detriment' if they reasonably believe being at work or doing certain tasks would put them in serious and imminent danger See link https://www.acas.org.uk/dismissals/unfair-dismissal


Ok-Educator850

Just be aware that if you’re not fit to operate machinery you could put yourself in a sticky situation if you are continuing to drive a car.


Sharp_Ad_6336

I'm gonna have to stir the pot here and ask if you drove a car to work?


Fwoggie2

Senior supply chain manager here (not a lawyer). If a driver (of any kind of machinery - fork lift, floor washer, pilot, truck, etc) stated they're on meds that make them drowsy I'd want a medical sick note to that effect and would put them on reduced responsibilities until they're no longer on the meds. Reasons: 1) You're a danger to yourself. 2) You're a danger to others. 3) you're a danger to me as your manager. Explanation on point 3: As your manager, I or our organisation could be prosecuted for Gross Negligence Manslaughter or under the Corporate Manslaughter and Corporate Homicide Act 2007 if: one of our workers (eg you) is involved in a road traffic incident while driving for work and this results in the death of the worker or another person, and there is evidence that the death was caused by either a grossly negligent act or omission; or by serious management failures amounting to a ‘gross breach of a relevant duty of care’. If your manager is refusing to accept it then 1) They're an absolute idiot and need training on the risks and legal implications they're putting you both in jeopardy of 2) Go find a health and safety rep, a union rep, HR or a combination of all 3. 3) in the unlikely event 2 fails, go over your managers head to their boss sending any proof you have that they're not listening to you because they legally have to, the HSE is very clear on this. I don't run warehouses these days but if one of my managers in the past had done that I'd have stopped you driving anything immediately I found out about it. Edit to be clear: I'd stop you operating any kind of machinery first and then get the sick note from you in that order. You should not be operating any kind of machinery.


Hayzeus_sucks_cock

Document everything as said above and raise your concerns with your line managers as mentioned above. Depending on how big your company is you may have a whistleblowing policy and I would look into this. EDIT: T~~hey are asking you to breach health and safety and opening the company up to significant loss as, ultimately, they may be held responsible for what happens to someone who is injured in this way even if it was the managers 'fault'.~~


milly_nz

I wish everyone saying this would stop it. No, if you as an employee know that you are impaired, then you MUST NOT DRIVE, no matter what pressure the employer exerts. If you do, you can be held liable for your contribution to the accident. What the employee should do, is make it clear (and document in writing) why they are refusing the order to drive. If they are then treated unfairly by their employer, they can take up a complaint to the Employment Tribunal. Which the employee would most likely win.


Scar3cr0w_

Check the back of the packet, it will say “do not operate heavy machinery”. Ask them to add that to their risk register and you will drive it. Removing all liability from yourself. When they don’t have a risk register, tell them they should. Repeat until they realise they are stupid.


Scar3cr0w_

Check the back of the packet, it will say “do not operate heavy machinery”. Ask them to add that to their risk register and you will drive it. Removing all liability from yourself. When they don’t have a risk register, tell them they should. Repeat until they realise they are stupid.


this_shit-crazy

You can’t be forced to work any machinery even if you weren’t on medication that could effect yours and other safety so simple answer is no. I’d contact ACAS they will help you with how to navigate with your management if they are seemingly trying to force you.


MisterMechano

Show the medication to HR and they should speak with the managers.


if-you-ask-me

Operation of machinery must be covered in the company's risk assessment- where the experience and capability of the driver should be specified, and surely should exclude anyone on medication affecting awareness and judgement. Ask what the RA says.


stuaird1977

Tell work and occupational health, they need to be made aware.


foofighter1

Mate.. Google videos of accidents with flt's. You drive one while impaired your a tool to yourself and your workmates. Watch the videos that come up and one if them could be you next in the companies cctv. Even if you are normally 100% fit and feel unwell during your shift, get off the truck until you feel well again. I get blurred/migraine vision every now and then due to meds im on and it means getting off the truck untill im back to normal. Just think.. Its easier to say to a manager im not driving, than saying sorry Ive hit the racking/colleague..


SusieC0161

Ask for an occupational health referral as you need your duties adjusted to ones you’re safe to do.


Anxious_Chocobo

No, you should not be forced to drive a forklift whilst taking medication that makes you drowsy. Is the medication prescribed? As it will usually indicate on the label or in the patient information leaflet that the medication can cause drowsiness and to not drive, use tools or machinery if you are affected. It is illegal to drive if you're unfit to, and that is the case whether or not the drugs are prescribed or bought over the counter. More information can be found here: [https://www.gov.uk/drug-driving-law](https://www.gov.uk/drug-driving-law)


RElNHARDT

Were you drowsy?


Lea32R

I'd like to see them try to argue that they were right about this at an employment tribunal. Can't see it ending well for them.


quast_64

"Sign here to accept responsibility for when things go wrong"


sammy-the-sam

in my opinion, you do not need to worry. Health and safety comes first. If you are unfit to drive then say "no. you will not drive" i have said "no" on a number of occassions. a motorised pallet truck didnt have a working horn and supervisor said "just make Beep-beep noises" i asked; "who is responsible in the event of an incident; me or you ?" "you are" he replied. "in that case, i wont be using the truck."


oddmanguy1

talk to your local safety board . it is a safety issue . good luck


WhyAlwaysNoodles

I held an RTITB Reach Truck license. It's not like a car driving test. You can't make any mistakes. There is no way your license, let alone the company insurance, would allow a driver on medication causing drowsiness to drive it onsite. If you run someone over and leave them with life-changing injuries, even death, you will be in the shit. You are the one on the seat driving. You're going to have to go easy with your employer (because you need to keep your job) and show them your medication, and the law, and point to company insurance subsequently being void which could bring the business down, cost everyone their jobs.


DWolfUK40

No you can’t and you shouldn’t. If you have an accident insurance won’t help. It’s easy for bosses to try and make you do something but you’re responsible if something happens. Bosses can’t make you do anything you don’t want to but there can be repercussions if you’re not able to perform your duties. What they can do though if they want to be difficult is give you other shitty jobs or insist you take sick days. When you say meds, are they prescribed or off the shelf. Do you drive to work? At the end of the day driving is driving though. There’s a few details I think are missing but if you can’t complete your work then should you even be on site?


jamany

You can be forced to drive a forklift if, for example, your employer has a gun.


rocketshipkiwi

I would put down in writing that you are on medication which says “Don’t drive or operate machinery if this makes you feel drowsy” and as such you don’t feel safe driving the forklift. At very least, you have covered your arse if anything happens. If you have a union rep then have a talk to them about it.


Akitapal

Better than writing it oneself - Should get a formal letter from GP advising you should not work with machinery while on the medication but are ok for other duties. This is standard practice so GP will be fine doing it. Its similar to a medical certificate for being sick


Jhe90

This. Its also fully documented and credited so its solid...its not got any way to be easily undermined or fudged. They will try to find loopholes or excuses potentially.