Fit note question/reasonable adjustments

Legacy_user

Hey

So after my most recent visit to my GP she was concerned about my recent mood (am bipolar) and issued a fit note saying I was to "avoid very early shifts" and "avoid shifts longer than 8 hours" (this was due to me struggling with the 6am shifts and doing 12 hour shifts)

Work had been accomodating, and have had me on late shifts the last few weeks, and having seen next weeks rota they seem to be sticking to it.

My question is in two parts.

1)if they CAN'T do what the doctor suggested, does that mean technically I'm not fit for work?

2)would it be possible to ask for adjustments to my shift times as a reasonable adjustment and would the fit note provide evidence of needing it?

Am trying to sort out an appointment with occ health but just wanted to ask in advance.

Thanks

rogerblack

'fit for work' is a mushy legal term in this case.
For example - such a sicknote would enable you to resign and claim ESA.
(You may not however pass the assessment at around 13 weeks).

The Equality Act gives a very broad definition of disability - and yes - the above would qualify as 'being disabled'.
Employers have a duty to make reasonable adjustments - but only if it does not seriously effect your abilities as an employee.

If, for example you are working as an interior designer, and become blind due to a car accident when not at work, then it's likely they are within their rights to let you go, as there is no 'reasonable adjustment' that can be made that will let you do your job.

In your particular case - if it's a large company with 10 people on each shift doing your job, arranging a particular shift should in general be a reasonable adjustment.
https://www.gov.uk/rights-disabled-person/employment
http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-employers/the-duty-to-make-reasonable-adjustments-for-disabled-people/

System

Thanks roger

Really don't want to go back down the ESA route

It's a pretty big employer so hopefully they can make adjustments. I'm hoping the fact they have so far accommodated adjustments means they can continue to do so (especially as a lot of staff prefer the early shift and we are getting another 14 or so staff members so there should be enough to cover them)

Richie-from-the-Boro

1)if they CAN'T do what the doctor suggested, does that mean technically I'm not fit for work?

- no not as I understand it, a GP can never decree work arrangement only an employer
- if you feel unfit for work, revisit your GP and your GP gives you a sick note only then are you are unfit for work

Work had been accommodating

- is not the same as a between yourself and your employer
- ask occy health for a tailored adjustment agreement
- this records the reasonable adjustments already agreed, and should avoid situation 'creep'
- it reduces any need to re-negotiate, but where re-negotiation is needed reminds both parties of their initial undertaking

Occy health apart from the regulatory issues are there to increase productivity and reduce staff turnover, recruitment and retraining costs and should have it in their remit to make a binding tailored adjustment agreement with start & finish times and /or / shift patterns. Generally speaking they can't accommodate you without flexibility on the part of your line manager. So seek out a TAA with them.

I note that you say your employer has you on late shift, and is sticking to it - your fit note says "avoid very early shifts" - but you have not said how long [hours in 24] a shift you are being asked to work. Care is needed - your fit note says no early and you are not being asked to do early turn shifts ?

Best of luck

System

The late shifts are typically 4-6 hours so under what the doctor has said, and I seem to be okay with them. There was one early shift in next weeks shifts but have asked work if they can swap it for a later start (it was a 5 hour shift but an early one) yet to hear about that though

I think my next point if call is occ health

Thanks for your help