Questions about employee rights and being on the sick

Undervalued

tinkerfairy wrote: »

The GP sent the medical report off about 4 weeks ago. DH saw GP Thursday who recommended he return to work, said it would do him good and gave him a fit to work note. He wrote on there he recommends he starts 2 days a week then gradually builds up returning to full time in 6 weeks. My DH rang his employer this morning to discuss when he can go back but his employer said it seems a bit drastic and will need to read the note and the report again then ring dh back later today or tomorrow. We're not sure what this means but has certainly got us a bit worried.

Keep in mind that the firm are not obliged to follow the GP's recommendations about a phased return. They could say he must return fully or not at all in which case he must be treated as signed off sick.

If / when the GP says he is fit to return normally the firm must either accept this or suspend him on medical grounds in which case he would be entitled to full pay.

tinkerfairy

I think his employer is doubting the doctors opinion that dh is fit for work. Not the phased return part as they have allowed other employees in the past a phased return.

Tygermoth

Hi undervalued. You have advised that the employer should pay full pay if the GP says he is fit for work.

Could you advise where you gained this knowledge from please?

I have been off sick recently on a fit note (gp adv fit for work - work said not) and i think you will find the provision only relates to a few specific incidences.

But happy to be proved wrong.

Undervalued

Tygermoth wrote: »

Hi undervalued. You have advised that the employer should pay full pay if the GP says he is fit for work.

Could you advise where you gained this knowledge from please?

I have been off sick recently on a fit note (gp adv fit for work - work said not) and i think you will find the provision only relates to a few specific incidences.

But happy to be proved wrong.

The company are not medically qualified so should only be acting on professional medical advice. If the only medical advice available is the GP who says that the employee is fit to return then that is the case unless or until the company have equal or stronger advice to the contrary.

So, it would be perfectly reasonable for them to ask the employee to see an occupational health specialist (or some other relevant doctor). However that would be at the company's expense. However if the don't want the employee to work whilst they are waiting for this to happen then their only option is to suspend them on medical grounds and this must be on full pay. Failure to pay would be a simple breach of contract and the employee would be almost certain to win any such claim as the available medical evidence is entirely on their side.

Tygermoth

Hi Undervalued.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/349902/fitnote-employers-line-managers-guidance.pdf

seem to sugest what you state is not the case (page 9) under the heading - is the fit note binding on me? No. is the answer

It also states that the company sick pay policy would be in force - as such if they refuse to accept the 'fit note' and the compnay policy is SSP then they will remain on SSP - not full pay

Undervalued

Tygermoth wrote: »

Hi Undervalued.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/349902/fitnote-employers-line-managers-guidance.pdf

seem to sugest what you state is not the case (page 9) under the heading - is the fit note binding on me? No. is the answer

It also states that the company sick pay policy would be in force - as such if they refuse to accept the 'fit note' and the compnay policy is SSP then they will remain on SSP - not full pay

No, sorry you are misunderstanding this.

Yes, a fit note is not binding on a company. As I said earlier they are quite at liberty ignore any suggestions regarding regarding light duties or a phased return to work. If they do so then the employee is still off sick and entitled to at least SSP.

However if the employee's doctor is of the opinion they are well enough to fully return to work he won't issue a fit (sick) note at all. The employee won't be able to get SSP.

However, the employee now has medical evidence from a qualified person that they are well enough to be at work.

The employer, who is not medically qualified, feels differently and refuses to allow them to work. The employee is out of pocket as a result. If they bring a claim against the company (in effect breach of contract) the employee will almost certainly win as they have the qualified medical opinion to back up their claim. The company does not.

Now, as I said earlier, it would be perfectly reasonable for the employer to seek a second opinion from another doctor (at their expense) and if that sides with the employer's view then they are in a stronger position. Unless the second doctor was clearly better qualified in the relevant field in all probability a third opinion would be needed.

Whilst all this is going on the employee is entitled to be paid and would have a very strong case if the employer refuses.

Tygermoth

You are quite right, i miss understood you.

Thank you for the clarification. I stand corrected.

Apologies

view

tinkerfairy

although I can't offer any advice just wanted to say hope you're ok and have friends/family to talk to and lean on, this must be so hugely difficult for you.

tea_lover

bugslet wrote: »

As an employer, I'd want to see either a sick note or a fit note. Ultimately it isn't up to the boss to decide if someone can work, it's up to the medical professionals.

Technically no. A Fit Note, or a report from a GP or medical specialist is only advisory. The decision about whether an employee is fit to work should be taken by management and the employee.

kingmorris

I broke my knee cap in July, and I came off crutches 3 weeks ago. I now have a note saying that I can return to work, as I work in a bike shop and need to be on my feet all day. But work will only allow me to do a phased return of 2 days for 4 weeks, do they have to pay me my full pay or just what I work? Because I want to go back full time and feel fit enough to do this!