Sick pay and dismissal.

It is a potenitally fair reason to dismiss someone if they are not capable of doing their job. The employer should have fully investigated the sickness to establish whether the employer could return to their post unless it is obvious ( eg driver losing leg!)

The best way to establish the nature and likelihood of a return would be referral to OH professional and asking the employee for permisssion to see medical records.

The employer needs to show that they have acted reasonably and if htey have not investigated then how can they do this?

Are you in a union? they should be able to help you.

If your employer does dimsiss you then you could go to an employment tribunal for unfair dismissal and possibly also make a claim under the disability Discrimination Act but are you up to it?

As a holding position lodge an appeal against your dismissal.

You may also be able to sue for the stress that you have suffered and it may be worth seeing a solicitor

Joules22 wrote: »

Hi

I've been off sick with stress/work related mental health problems. My GP has always been supportive. I have been referred for counselling, but have not yet reached the top of the waiting list. Work now want to terminate my contract, giving me three months notice. I have a sick note for two months, but today the GP I saw (the other one left) said she couldn't keep giving me sick notes whilst I wait to be made redundant. I thought her attitude was a bit harsh, especially as I had been crying and saying I couldn't cope. Anyway, does anyone know if work give me three months notice, what happens if the GP won't give me another certificate for the last month? There's no way I could go back to work at present, although I'm hanging onto the fact that I should get counselling pretty soon. I work for the NHS and I'm going to take early retirement and perhaps go back to work part-time when I've had my counselling. Thanks.

Joules xx

It's really unclear what is happening here. You say that the employer is making you redundant, but also that you are taking early retirement? But you also seem to at least imply that you are being let go on capability grounds?

But in terms of the question you asked, the GP is not required to sign you off as too sick to work if she does not believe that to be the case. If you are not signed off then you must return to work unless the employer decides that you shouldn't do so. So you really do need to talk to them about how you feel and see whether they are going to insist on a return - given the circumstances they may not wish to do so anyway.