Can you go to work if doctor has signed you off?

swingaloo

As the thread title asks really, if someone has been given a doctors note saying they should not go to work for 2 weeks can it be disregarded and the person go into work.

Obviously if the company are aware of the note then I assume they would not allow the person to work but are there any repercussions (apart from the persons health of course) if the person just does not hand in the doctors note?

ohreally

A fit not is evidence of advice, nothing more.

In addition...

http://www.personneltoday.com/hr/government-tells-employers-they-can-overrule-gp-fit-notes/

Owain_Moneysaver

Depends on the job and the illness.

In some industries it would be gross misconduct to work whilst unfit to do so, and if there was an accident then the employee might be unable to claim compensation from the employer.

Nicki

Realistically it depends on what the fit note is for and the nature of the job.

E.g. If you've been signed off to investigate epilepsy and you operate heavy machinery, then you'd be held liable for damage or injury you caused whilst working after being advised not to.

If you have a chest infection and nonetheless go in to your office job, no problem.

TBagpuss

As others have said, the docotor's note is advisory, not mandatory.

However, it would be good practice to provide your employer with the note, and to tell them that you nevertheless wixsh to return to work.

Your employer can then carry out a risk asessment and agree to your return.

Obviously the nature of the job and the illness are relevant - in some situations not disclosing the note might amount to misconduct (for instnace, if your job invovles working with medically vulnerable people and the illness is infections, or working with heavy or delicate machinery) or, as Owain an Nicki have said, might mean you would not be covered by insurance if you had an accident.

sangie595

Just to add - you could also, if there was an issue arising from your attendance at work when you had been advised not to, which caused injury to someone or something else, you would be personally liable if the matter came to legal action. It is not simply a case of whether your employers insurance would not cover you if you had an accident - it is a case of the fact that insurance won't cover you if you cause damage or injury.


I'd also have to say that it is highly irresponsible of your own health to do something of that nature. If you feel that the doctors advice is unnecessary then you should discuss that with your doctor. Fit notes can offer a range of potential adjustments if the employer agrees. But if a doctor says that you should refrain from work for two weeks, that is a significant amount of time, and s/he must have good reason to say it. I am about to have major surgery, and my consultant said that although I cannot return to work, I would be allowed to do "some work" from the second week if I felt up to it. If your GP is saying two weeks, that is an awful long period of time - GP's usually go a week at a time unless there is cause for more.

PersianCatLady

If someone has been given a doctors note saying they should not go to work for 2 weeks can it be disregarded and the person go into work.
I don't understand why someone would go to the doctors and get a sick note / fit note but then want to go into work anyway??

[Deleted User]

I was given a fit note after I lost my job early last summer and was technically unemployed. It was for far more then just a week.

Went out to work a week later to some sort of on the rebound god awful retention sales job for a little newspaper of all places and although that job didn't last either, (my decision though this time, and perhaps the best treatment I ever got) the 'uncashed' note actually plays a good part later on for filling in gaps when otherwise tempted. as not sure which of the 2 would be a greater evil so in answer to OP yes I have worked on fit note not handed in.

Undervalued

PersianCatLady wrote: »

If someone has been given a doctors note saying they should not go to work for 2 weeks can it be disregarded and the person go into work.
I don't understand why someone would go to the doctors and get a sick note / fit note but then want to go into work anyway??

Probably for financial reasons if they only get SSP or perhaps because they feel better sooner than expected.

As other have said it is not unlawful in itself to work whilst having a sick note. However it may be against company policy and, in certain circumstances, give rise to a civil or even criminal liability in the event of an accident happening as a result of being unfit.