Quick question

moremore

My aunty has been given a fit note by her GP for one week which recommends her employer makes adjustments for her at work. Her GP aslo said on the fit note that she may return to work after a week if the adjustments are made.

wellused

I would say that if the doctor has said that she is fit to return with the stipulation that changes are made to her working environment then the company should pay her from her return date, at least that way they will have an incentive to make the changes in a timely manner.

SarEl

wellused wrote: »

I would say that if the doctor has said that she is fit to return with the stipulation that changes are made to her working environment then the company should pay her from her return date, at least that way they will have an incentive to make the changes in a timely manner.

But you would be quite wrong since the GP doesn't employ her!

The fit note is advice to the employer about what they believe is a reasonable adjustment - whether is is reasonable or not, and whether it can be achieved in one week is an entirely different matter. The advice means only that if this adjustment does not happen then the GP may decide to issue another fit note. It has no legal force in itself, and she remains sick until otherwise notified - so they do not have to pay her anything other than what they would have to pay her if she were otherwise off sick.

heretolearn_2

'I would say that if the doctor has said that she is fit to return with the stipulation that changes are made to her working environment then the company should pay her from her return date, at least that way they will have an incentive to make the changes in a timely manner.'

OP, please ignore this reply. It might be what they think 'should' happen, but it has no basis in law and is not what is going to happen. Yes, she needs to keep returning for fit notes, the current one only covers her for one week.

SarEl

moremore wrote: »

Thanks wellused for reply that is what I thought should happen, she does not want to keep going back to GP for fit notes
.

But as I said, regardless of whether you thought this should happen - it won't. If the adjustments are not made then she must obtain further fit notes and she will be paid whatever sick pay her contract entitles her to. If, in the longer term, the adjustments are not made, and if she has a disability in law, then she may have a claim for discrimination. But if this is not a disability then she has no right to any adjustments at all.

moremore

Thanks SarEL for reply, she has a disability but from what my aunt says it looks likes her employer is expecting her to resign as they not making any adjustments for her.

Another question her fit note is for one week which included that she may be able to retune to work if her employer make adjustments for her. If this is not done by employer and she does not get further sick note and she is not paid, will her employer have to keep her job open until they make the adjustments for her or will they sack her for authorising absence.

SarEl

If she gets no further fit notes then she is absent without leave! The employer is not (as yet) crossing any lines here. I know you say that they are hoping she will resign, and you may be correct, but if she suffers from an accepted disablity (are you sure on this?) then they will sooner or later have no choice but to respond in some way. Has your aunt actually written to them separately saying that she needs these adjustments and that she has a disability? Because it is not simply up to the GP to write this on a fit note - your aunt needs to be proactive in taking this amtter up and asking when the adjustments can / will be made. But simply because the GP says that these adjustments are his advice srill does not mean the employer has to agree that they are reasonable - that depends on the circumstances. Without knowing what is going on it's impossible to say more - but do not assume that the employer must do these things.

SarEl

I am not clear what you are saying here. Are you saying that she won't go back until the adjustments are made - or that she won't go back full stop? What reason has the employer given for not making the adjustments?