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Disbelieving a doctors sick note

What can and can't an employer do as far as a doctors sick note goes?

Basically I have been signed off work for a couple of week by a doctor. The doc wanted to do me for 3 weeks right from the off. It was ME who said no, let's go in 1 week blocks because i am actually needing to return to work (but it's been a fortnight).

I've been told by co-workers (& i can well believe because i've seen it for myself when someone else has been in my position & i've been at work) that people at work - management, have been saying that i'm faking it & basically lying to the doctor in order to get a note because i wanted time off.

Yes there was some time in this 2 week timeframe that i did actually want off, but that's nothing more than coincidence (honestly). I did make an attempt to return to work, but it's a physically demanding job & i couldn't do pretty much 99% of my duties. I went because i had a day off & was told they were talking of me trying to stretch it out so i went back in to prove a point - but i was useless, so went to the doctors.

If past experience is anything to go by then it'll be like a police interrogation on my return.

If only they thought about it for a minute & realised i've discussed with people - i need so much work doing at home that we're talking £1000s. So taking a fortnight off is really not in my interest. It doesn't help me one bit.

I know i'll need a back to work meeting. Are they allowed to just throw accusations my way & give me a hard time for being off?

I know it's not happened yet but i'd rather know in advance.
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Comments

  • xapprenticex
    xapprenticex Posts: 1,760 Forumite
    Thats life, take time off or become known for it and people will gossip. it will happen everywhere. You employer may request that you see a specialist of some sort that they want you to see, thats legal too.

    If you are being genuine as you say you are then i dont think you have anything to worry about (if youve been working there more than 2 years)
  • Thank you for the reply. Yes i have been there for more than 2 years.

    Unfortunately I feel as an employee there you simply cannot win (in this situation). If an injury for example prevents you from doing certain duties then you are 'soft' and 'taking too long' and you get the 'ohhh yeah that old chestnut' line from everyone as well as 'if you can't do your job you shouldn't be here'.

    But then if you actually take time off to get yourself fixed up then you are 'faking it' and 'soft' (again) and it's 'only a (insert put down here)'.

    So if you're in work you shouldn't be & if you're off work you shouldn't be. You can't win.

    I remember one time i was off after throwing up throughout the night & felt terrible on the Saturday morning so called in sick.
    Monday morning on my return i was called in to the managers office - told i wasn't dying, i could've gone in to work on the Saturday & i knew they were busy. I had 'thrown a sickie'. For about 30mins i was grilled & attempts made to try & get me to 'trip up' (or at least that's the way i felt the meeting was going - and no, not through a guilty conscience but through their line of questioning).




    I just wanted to check they can't proceed with any official disciplinary action just because they FEEL i'm faking it (if what i've been told by said co-worker is true).
  • xapprenticex
    xapprenticex Posts: 1,760 Forumite
    probably if you've had more than their set amount of sick occasions in a year. i worked at a reputable place where more than 5 occasions in a year resulted in a disciplinary pretty much. you should have a back to work review before that happens.
  • No. For the past i don't know, maybe 5 years or so i think i've had a fairly decent attendance record with only a day here or a couple days there in a 12 month period. No more than a week all year & probably only 3 days tops.

    My record beyond 5 years ago was not so great as a result of various injuries/surgeries but the past 5 years has been fairly good i would say. Owning a house & having bills sort of does that to you (or it does me) - i only take time if absolutely necessary. For example, my second week is still running but i'm probably going to contact them to ask if i can return earlier or whether they would prefer me to be assessed by a doctor first.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If that's the culture just roll with it but don't let it bother you.

    Often there is no point trying to defend or justify or change the culture they won't be listening.

    Seems they are busy but too busy to spend time having a go at people.

    Even the I am back now do you want me to work or sit chatting for an hour? Will fall on deaf ears.
  • theoretica
    theoretica Posts: 12,685 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    My record beyond 5 years ago was not so great as a result of various injuries/surgeries but the past 5 years has been fairly good i would say. Owning a house & having bills sort of does that to you (or it does me) - i only take time if absolutely necessary. For example, my second week is still running but i'm probably going to contact them to ask if i can return earlier or whether they would prefer me to be assessed by a doctor first.

    Do not use this argument with your employer - they will translate it into 'I used to pull sickies'. For my work 3 days to a week off here and there over a year would not be fairly good, it would be below average but OK.

    I know it is not what you want to hear, but even with accepting you are genuinely unable to work your employer could start capability proceedings purely on days not present.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • xapprenticex
    xapprenticex Posts: 1,760 Forumite
    End of the day it also comes down to how you get on with everyone at work. From what you are saying you are not very liked at work and TBH i respect that because its not a popularity contest but being liked/popular has its perks.

    Also you need to develop the belief in everyone that if you are off work then it MUST be bad, in my case, if im off work, everyone will be like "it must be bad" because i go to work well and unwell. I have no doubt my friends will have a laugh and make up new and boring jokes but that's what we do to each other.
  • theoretica wrote: »
    Do not use this argument with your employer - they will translate it into 'I used to pull sickies'.
    Thank you. I never thought of it like that.
    I simply meant that in the past i would still only take time off if i couldn't carry out my duties but at that time i never had a house so if i was off then it was annoying because i wasn't making money, but i didn't have the stresses of bills needing paying.
    Now, people like nPower (just an example) don't care if i'm at work or not, they want paying. So the stress is greater.

    Now you've pointed it out i can see how it can be taken the wrong way though.

    My job is quite physical. If i was in an office i've no doubt i wouldn't have even needed to take a single day off, but as the job is physically demanding, i literally have been unable to carry out what would be my day-to-day duties. I know i don't have to do this job & i chose it and i could go get a less physical job (there's that argument) but fact is, this is the one i'm currently in.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Are there any alternative duties you could do at work?

    If they do query your absence you could offer to speak to occupational health, or supply a more detailed letter from your GP. This would be at the employer's expense, and you would get to see the report before it is submitted.
  • tomtontom wrote: »
    Are there any alternative duties you could do at work?

    If they do query your absence you could offer to speak to occupational health, or supply a more detailed letter from your GP. This would be at the employer's expense, and you would get to see the report before it is submitted.
    Been there in the past i'm afraid.

    I remember one time a doctor advised i take time off work. I'd just had a minor op and they said i could burst my stitches.

    I was willing to be careful & take my chances.

    Work said no (after some disagreement amongst themselves - some wanting to allow me to work, others saying no). The doctor has advised you take time off because of your duties so you need to take that time off.

    I asked if i could do any other roles that wouldn't impact. I was told no - if you can't carry out your duties then you can't work.

    At other times where an injury for example has prevented me from doing my job in full i have asked if i can continue on light duties. The response was at the time that there is no such thing as light duties. If you can't do your job then you can't do your job.

    So these days I just don't bother asking as i'd only be told the same. I know you could argue that each & every time i should/could always ask, but when they always keep saying no (& not in a particularly nice way either)?
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