I have a fit note, what are my rights?

GlasweJen

I have a fit note for 4 weeks, the doctor says I can work as long as my hours are changed. My manager is not a happy bunny about this and is making life a bit difficult, I've abbreviated the story below. I'd really appreciate any advice.

The site I work at opens from morning until night, 9am until 10pm. My sick note says I can't work past 5pm (I'm on meds that cause me to lose control of speech late in the day). The site is under staffed at the moment though we have been promised more staff. My company employs people across multiple sites in Glasgow but none of the sites are as busy as ours.

My boss said today when I gave him the sick note that I couldn't be accommodated and I'd have to stick to my regular shift pattern. He soon back tracked when HR told him that's not how this works. He said today that I can stay in my present site for a week and then HR will come meet me and resite me. I don't want to be resited.

The site I'm on now is easy to get to, has easily accessible food places nearby, makes more money (so I'd lose money if I went to another site) and I'm a part of the team there.

Do I have a right to stay on my current site?

Just in case it's relevant there are several employees who work days only (up until 5) due to child care.

heretolearn_2

Your rights are to be off sick for 4 weeks, that's it.

Recommendations on fit notes are just that, your employer is under no obligation to do what they say. So you can't insist on only working days. It seems they are trying to help you out though by finding you somewhere else to work days only.

It's that or stay at home, really.

Takeaway_Addict

heretolearn wrote: »

Your rights are to be off sick for 4 weeks, that's it.

Recommendations on fit notes are just that, your employer is under no obligation to do what they say. So you can't insist on only working days. It seems they are trying to help you out though by finding you somewhere else to work days only.

It's that or stay at home, really.

As above, moving you site is most likely a reasonable adjustment (presuming this other site is the only place that can allow you to keep working) so if you refuse they most likely could make you go on sick pay for 4 weeks. if that is SSP then I would guess thats less than being moved site...

GlasweJen

It would be company sick pay as I've not been off in over 6 months (my contract confirms this).

My manager made out that I'd need to work evenings even with the sick note - me being off work is not an option at the moment (for them, I could do with the time off). If they don't want me off work then can they make me work evenings? That isnt what the fit note seems to be saying?

Also if I'm resited I lose money, can I ask for this to be made up?

ETA my first fit note was issued at the start of September, since then another staff member has been offered a days only contract which I asked for as a reasonable adjustment. Her reason for days only is child related, could I argue that I should have had the same consideration applied to me?

SueC_2

GlasweJen wrote: »

My manager made out that I'd need to work evenings even with the sick note - me being off work is not an option at the moment (for them, I could do with the time off).

That's not the way it works.

In basic terms, the fit note says you are fit to work if the employer is able to accommodate the specific requirements outlined (ie. if you are allowed to work daytimes only). If the employer is not able to meet the requirements, then you are not fit for work and effectively signed off sick.

Whether or not it is reasonable for your employer to meet the requirements by temporarily transferring you to another workplace will take a greater legal mind than mine!

Sambucus_Nigra

How will moving sites meet the requirements of the fit note?

KiKi

GlasweJen wrote: »

ETA my first fit note was issued at the start of September, since then another staff member has been offered a days only contract which I asked for as a reasonable adjustment. Her reason for days only is child related, could I argue that I should have had the same consideration applied to me?

I take issue with that. A request for flexible working for childcare only has to be considered by a workplace - there's no obligation to implement it. Reasonable adjustments for individuals with disabilities (forgive me, but I seem to remember that you have a disability, from the Marriage forum?) have to be accommodated if they are reasonable - and it seems the company does seem it is reasonable, so I wouldn't be happy with them not offering that to you, and yes, I'd argue you shouldn't just have had consideration but the priority. (Unless there are circumstances you don't know about.)

So if you do have a disability which is declared, and they didn't consider it a reasonable adjustment but then offered it to someone for flexible working childcare reasons, yes, I'd challenge it. However, not sure of the legalities - post on the redundancyforum.co.uk for SarEl who will be able to tell you (she's an employment barrister).

SueC wrote: »

That's not the way it works.

In basic terms, the fit note says you are fit to work if the employer is able to accommodate the specific requirements outlined (ie. if you are allowed to work daytimes only). If the employer is not able to meet the requirements, then you are not fit for work and effectively signed off sick.

Whether or not it is reasonable for your employer to meet the requirements by temporarily transferring you to another workplace will take a greater legal mind than mine!

What she said! AFAIK another role on another site is a reasonable adjustment if it meets the needs of the fit note, and isn't to your detriment healthwise.

miduck

KiKi wrote: »

I take issue with that. A request for flexible working for childcare only has to be considered by a workplace - there's no obligation to implement it. Reasonable adjustments for individuals with disabilities (forgive me, but I seem to remember that you have a disability, from the Marriage forum?) have to be accommodated if they are reasonable - and it seems the company does seem it is reasonable, so I wouldn't be happy with them not offering that to you, and yes, I'd argue you shouldn't just have had consideration but the priority. (Unless there are circumstances you don't know about.)

So if you do have a disability which is declared, and they didn't consider it a reasonable adjustment but then offered it to someone for flexible working childcare reasons, yes, I'd challenge it. However, not sure of the legalities - post on the redundancyforum.co.uk for SarEl who will be able to tell you (she's an employment barrister).

It's possible that they are trying to balance the needs of everyone, hence why they allowed the other lady to go on days only. It should also be remembered that the company has offered to make reasonable adjustments, and a site move is an RA, but the OP does not find it convenient - that is not the employer's problem. To that extent, they have fulfilled their duty.

OP, you need to ask for written reasons why you are not able to do days only at your current site, and why the other person was allowed to do this when you were not - did they put their request in first? If so, then the decision would appear fair, the duty to make RAs does not usurp a flexible working request.

SueC_2

Sambucus_Nigra wrote: »

How will moving sites meet the requirements of the fit note?

I presumed that OP was able to work day-shifts at another site but not at her normal place of work. Admittedly, having just re-read the original post, that was an assumption on my part and not what was actually said.

sniggings

KiKi wrote: »

I take issue with that. A request for flexible working for childcare only has to be considered by a workplace - there's no obligation to implement it. Reasonable adjustments for individuals with disabilities (forgive me, but I seem to remember that you have a disability, from the Marriage forum?) have to be accommodated if they are reasonable - and it seems the company does seem it is reasonable, so I wouldn't be happy with them not offering that to you, and yes, I'd argue you shouldn't just have had consideration but the priority. (Unless there are circumstances you don't know about.)

So if you do have a disability which is declared, and they didn't consider it a reasonable adjustment but then offered it to someone for flexible working childcare reasons, yes, I'd challenge it. However, not sure of the legalities - post on the redundancyforum.co.uk for SarEl who will be able to tell you (she's an employment barrister).




What she said! AFAIK another role on another site is a reasonable adjustment if it meets the needs of the fit note, and isn't to your detriment healthwise.

you are arguing that child care issues which last years, should take a back seat to a fit note that is only in place for a matter of weeks?

This is not about disability v childcare but childcare v a fit note for 4 weeks, of course childcare needs come before a fit note!

KiKi

It should also be remembered that the company has offered to make reasonable adjustments, and a site move is an RA, but the OP does not find it convenient - that is not the employer's problem. To that extent, they have fulfilled their duty.

I don't disagree with you on the current fit note issue - about re-siting - which I said in my post. I agree, they have offered alternative working to suit the fit note and as long as that's not to the detriment of the OP's health, I agree that's absolutely reasonable.

It's possible that they are trying to balance the needs of everyone, hence why they allowed the other lady to go on days only.

If so, then the decision would appear fair, the duty to make RAs does not usurp a flexible working request.

Is that the case, though, in law? Do you have a reference for that? (I don't mean that rudely, I am genuinely interested!)

I don't know categorically from a legal perspective, but I would suggest that RAs do have a priority over flexible working requests. Disability has some protection in law - being a parent doesn't. Companies (and I know you know this!) are required to *make* reasonable adjustments as long as they are 'reasonable' (open to interpretation!). They are only required to consider flexible working requests. As day working was obviously possible, to refuse an RA for disability then give the same adjustment to someone for childcare issues, I think, could potentially be unlawful.

Obviously (as I said) there may be other issues the OP doesn't know about, or the flex working already agreed before the RA refusal. But if not, I do think that's possibly an issue, depending on the circumstances. Would be interesting to know the legal standpoint...I might ask SarEl out of sheer curiosity!

KiKi