Shielding but work want me to return

claire2013

My husband is a confirmed sheilder. He had a letter confirming this and passed it to his employer where the original return date would be the 15th June. He recieved a sheilding txt from NHS extending this until the 29th June. His work have now contacted to say unless he can get a letter from the doctor he will be expected to return. The doctors are now apparently not getting involved. Where does he stand? How can he get the company to continue his furlougj until the end of June as per the txt?
Thanks.

sharpe106

Cant you send them the orginal letter and the text?  Furlough is optional so you can't get them to continue it just ask.

Gonna-be-debt-free

Surely the letter he received is the letter that they are asking to see?

claire2013

They have a copy of the letter and hubby forwarded the text as soon as he recieved it yet still they don't believe the text and want more proof.

JCR982

Could you go to your consultant rather than gp? 

claire2013

I hadn't thought of that. Will give it a go. Thanks.

Grumpy_chap

There is no obligation on the employer to extend furlough and, if they have work to be done, reasonable that they do not.

If they are not accepting the letter or the text, then your husband could get an appointment with the GP and ask for a 'fit note'.

If you husband does not return to work, and cannot stay off on furlough, then the options are for your husband to take sickness, annual leave or unpaid leave.

Only your husband knows how "at risk" he really is from the coronavirus.  The question that is worth considering, if he cannot go back to work next week is when does he think he is likely to go back to work?  The text may have suggested 29th June, but that is only another fortnight later and what does your husband think is going to have materially changed in those two weeks that affects the risk or otherwise of returning to work?

There is a case for trying to be as flexible as possible to avoid this resulting in a dismissal process, either via disciplinary or redundancy.  From the employer's point of view, your husband had 12 weeks of and now another 2 but if that just extends indefinitely (as nothing will change), how long is it reasonable for them to try to hold the job open for?

Out of interest, what type of business does your husband work for?

calcotti

Refer them to this https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19

Under Staying at Home and Shielding

The Government is currently advising people to shield until 30 June 2020 and is regularly monitoring this position.

claire2013

Grumpy chap, many thanks. I'd rather not say what he does but some other areas of his workforce are furloughed due to not enough work. I understand people may think whats another 2 weeks but if you broke your leg and were told not to walk on it for 12 weeks and then you walked on it after 10 and caused more damage by being impatient those 10 weeks would have been wasted. Believe me he is not work shy and does want to return but just wants the time to be right. 

Grumpy_chap

Claire, I get the "extra 2 week" analogy to the broken leg. 
BUT, if it was a broken leg and the time to heal was a bit longer than originally envisaged, there is a clear expectation that the extra two weeks will be just an extra two week and not extend further.
With the coronavirus shielding, I do not see from where I am that another two weeks will make any further difference.  It may be that you have information that is not yet generally shared, or the Government have some magical plan as to what is going to happen to make a massive material difference in that extra two weeks?

unforeseen

Something is being announced next week for shielders but I doubt very much that it will be much of a relaxation of he current advice. 

As a shielder I would love to get back to work but don't think it will be relaxed enough to allow it.