Returning to work after sickness?

Uncertain

cavework wrote: »

The onus is now on the employer to assess if the person is truely fit for full time work.. it is called ' passing the buck'
As an employer you have to take into account the effect on your other employees .

Nobody is disputing that.

We are simply answering Savvy_Sue's point about what happens if a person doesn't have a sick / fit note and turns up for work.

Lazy Daisy (and I) are 100% correct in saying that, if the employer wants them to stay at home, they must pay them in full until they can come up with some compelling medical evidence that the person is unfit.

cavework

Uncertain .. there is no dispute about that .. but it seems that a lot of people still believe that a Doctor will sign an employee fit for work. That is no longer the case
and for the record I would stick my neck out if it was detremental to the rest of my employee;s

Savvy_Sue

If it helps, I think I've got it now.

If the GP signs a fit note but with restrictions, and the employer can't accommodate those restrictions, the employee remains on sick leave.

If the GP stops signing fit notes because s/he thinks you are fit to return to work, but the employer has doubts about that, then the employee is on medical suspension for up to 26 weeks and has to be paid.

zzzLazyDaisy

Got it in one

cavework

Then we go again into the area of capabilility. The employer can and should request a medical by a third party. The employer is expected to pay for this and can only proceed if the employee agrees.
But if the employee does not agree the employer then has a very good case if it is taken to tribunal.

Googlewhacker

Uncertain wrote: »

Lazy Daisy (and I) are 100% correct in saying that, if the employer wants them to stay at home, they must pay them in full until they can come up with some compelling medical evidence that the person is unfit.

Not 100% true really though, look at LazyDaisys post about 26 weeks being the maximum limit.

zzzLazyDaisy

cavework wrote: »

Then we go again into the area of capabilility. The employer can and should request a medical by a third party. The employer is expected to pay for this and can only proceed if the employee agrees.
But if the employee does not agree the employer then has a very good case if it is taken to tribunal.

Unless there is very compelling evidence to suggest a health and safety reason why the employee cannot return to work, despite being advised by the GP that s/he is fit to return, then in my view the best course of action for the employer is to allow the employee to return, and assess their capability once they are back at work. Simply because, in most cases, it will be impossible to know what their capability actually is, until they have returned and are doing the job. An employer who dismisses an employee on capability grounds without first giving the employee the opportunity to return from sick leave - in the face of their doctor's advice, and show whether they are able to do the job is going to be on a very sticky wicket in tribunal.