Can my HR department ask me to sign back off sick

joann45

I returned to work after being off for around 16 weeks. I asked my manager if I could talk to Occupational Health prior to returning and was advised that being phased back could be managed by them and Occupational Health could not be contacted directly anyway so I could not speak to them until they had contacted me.

A phone call with Occupational Health was booked for the 5th December. Occupational Health noted that a report would be provided and that they would recommend a phased return and that for the foreseeable I was unable to complete my specific duties until I had received treatment, physio via Occ Health being one of them.

I discussed the call with management and there was talk of me doing admin work as I am a competent typist and that I could use the time to catch up on my QCF. I felt happy and had no reason to think that there was any complication ahead.

I went in to prepared to work on the 7th. After a journey of 1hr and 15 mins I got to work to be told there was nothing for me to do. I was given excuses for not being told this before I ventured out of the house. I was left in a state of distress after being told very briefly that re-deployment was being looked at and they were hopefully going to place me within the same services in which I work. I advised them that I would take the day as annual leave as they had wasted my time.This was agreed. I left thinking well it's the best of a bad situation, at least I'll still be working.

Four days later I am contacted by my manager to be advised that I am to attend a HR meeting on the 21st at my place of work and that HR had asked me to 'go back to the doctor and sign off sick'. When I asked what the meeting was about, she said 'to discuss your options' when I asked what they would be, she said she didn't know.
I know that Occupational Health did agree that I was not ready to return to work but also advised this could overridden by me.

I refused to sign off sick as I am owed over 200 hours in annual leave and this was granted for last week and this week. I have not been advised of anything other than this.

I just need advice really on whether they are allowed to ask me to sign off?

I had no review meeting in the 16 weeks I was off. The employers excuse for not contacting Occ Health sooner is that they thought I was coming back, however my last sick note was for 6 weeks and so I feel that this is a feeble excuse and for some reason work are covering themselves. I am not out to cause them trouble I just want to know what is happening but suddenly no one has any answers as to what options i'll be given at this meeting.

I am grateful for any advice
Thanks

theoretica

joann45 wrote: »

I just need advice really on whether they are allowed to ask me to sign off?

If you are not fully fit to do your normal job, but need alternative duties or a phased return the employer have the option whether to accept this or not. They can indeed ask you to sign off unless you are in a position to work as normal.



I am assuming as you do not mention it, that your absence is not related to a condition where the disability legislation applies.

Comms69

If you cannot do the job you are employed to do, then yes.

TELLIT01

Adjustments to the work or the workplace can be requested but the employer can't be forced to put them in place. It may be a case that the employer has taken somebody on temporarily to do the work and isn't willing to pay for two people.