Is my employer being unreasonable?

[Grandad.Malky]

Regarding the illegality of coming back to work when still 'signed off', there is no law that prevents a worker coming back to work prior to the doctors note expiring, nor would it invalidate the employers liability insurance unless this was a stated condition of the policy, which would be unlikely.

 

.

 

Have you a link to that effect because it contradicts what a doctor his receptionist and my employer told me, if you return to work while a sick note is still in place you should have a signing off note.

[KTHFB]

Have you a link to that effect because it contradicts what a doctor his receptionist and my employer told me, if you return to work while a sick note is still in place you should have a signing off note.

 

I'd like to see that too, because it goes against 20 years' worth of policy I've ever known. (That's my working life, not how long the policy has been in place.)

[Alex C.]

NHS guidelines

[Grandad.Malky]

NHS guidelines

 

 

Even though that relates to how the new system works it still contains the same basic rule.

 

 

 

Your GP’s advice

 

You should not go back to work before the end date on your fit note if your GP has advised that:

 

•returning to work would be unsafe

•returning to work would be bad for your health

[Tripitaka]

There just simply isn't a law that states that you cannot go back to work if you are still signed off 'sick'.

 

The only law I know that requires an employer to stop a person from working if they have a doctors note is Section 17 of the The Management of Health and Safety at Work Regulations 1999 which reads:-

 

17. Where -

 

(a) a new or expectant mother works at night; and

 

(b) a certificate from a registered medical practitioner or a registered midwife shows that it is necessary for her health or safety that she should not be at work for any period of such work identified in the certificate,

 

the employer shall, subject to section 67 of the 1996 Act, suspend her from work for so long as is necessary for her health or safety.

________________

 

The Management of Health and Safety at Work Regulations 1999 is the main regulation that will apply to scenarios where someone is signed off sick etc. Simply put, the regulations (and others) require that the employer ensures that the employee is fit and capable of doing their job and the job has been risk assessed and is free from or reduced the risk of injury to the lowest level as is reasonably possible (amongst other things).

 

The reason why employers are dubious about letting employees back whilst still signed off sick is that they are clearly opening themselves up to litigation as they are going to struggle to show to a Court that the employee was fit and capable of doing their job if they were still signed off 'sick'.

 

The way employers get round this hurdle, if they want to, is to have structured returns to work, assessments by qualified Occ Therapists/Doctors, risk assess the job and/or reduce the workload/hours. They can then (they hope) show to a Court that they have done everything reasonably possible.

 

Doctors also advise people not to go back to work as they know what they are talking about invariably but then some doctors are easily fooled.......

[Shadowfish]

I'd leave.

[frank ryan]

are you in a union? if not (and you should be) , ring citizens advice ASAP, they will sack you and none of us can afford this , esp at the moment.

good luck.