Can my employer make me stay at home

kirmal12

I work in a school, I've been off work since lockdown in March on full pay. I was diagnosed with rheumatoid Arthritis a few years back and put on Biological immune suppressants. Since April i decided to stop injecting the medication, as i didn't want to be so much at risk during the pandemic. I'm coping ok without the meds. I had an email today saying i can't return to work without a letter from my consultant. Getting anything from my consultant and his team is virtually impossible, even in normal times. I want to return to work and I've no issue with going back to work. They are saying i need a risk assessment and I'm in the high risk category and can't work without a letter. I've said several times I'm not at risk as I'm not on the meds anymore. Is there anyway out of this?, is there something i can sign to cover them?. I wouldn't be due back until September anyway, so a little time to play with. I have emailed the Rheumatology  department for a letter and other advice. I just wan't to override the schools decision. Thanks.


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bradders1983

Would you be expected to stay at home from September on full pay? Or to go onto SSP?

Grumpy_chap

The school probably can't insist on a letter from your Consultant, unless the school wishes to pay for you to have a private appointment with the Consultant.

The normal process is that you would ask your GP for a "fit note" so you can either work or not (which likely means sick pay).  The GP may choose to seek the opinion of the consultant first, but that is up to the GP.  

kirmal12

They haven't said?, they just want a letter from my consultant and for me to sign a risk assessment form. 

kirmal12

Grumpy_chap said:

The school probably can't insist on a letter from your Consultant, unless the school wishes to pay for you to have a private appointment with the Consultant.

The normal process is that you would ask your GP for a "fit note" so you can either work or not (which likely means sick pay).  The GP may choose to seek the opinion of the consultant first, but that is up to the GP.  

Thank you, i think they're obviously getting ready for September and need to get everything in place before the summer holidays. I just fear being pushed out, because i'm medically needy when i'm not. I haven't had one day off ever because of RA.

bradders1983

kirmal12 said:

They haven't said?, they just want a letter from my consultant and for me to sign a risk assessment form. 

Well i think you need to ask. There is a huge different between being sat at home on full pay and being sat at home on SSP.

kirmal12

bradders1983 said:

kirmal12 said:

They haven't said?, they just want a letter from my consultant and for me to sign a risk assessment form. 

Well i think you need to ask. There is a huge different between being sat at home on full pay and being sat at home on SSP.

Will do, I'll email them first thing. Thanks.

jackieblack

bradders1983 said:

Well i think you need to ask. There is a huge different between being sat at home on full pay and being sat at home on SSP.

I note OP said that they work in a school, not that they are a teacher, so I assume they are support staff.  The majority of support staff are on term time only contracts and don’t get paid for the school holidays. 

There is only about a week/ week and a half left of term now, so it’s likely they’ll be sat at home on no pay for 6-7 weeks shortly, with or without any fit note or consultants letter.

unforeseen

I understand their requirement for a letter. They are aware that you were put in the shielding group, therefore to come back earlier than the government say they want confirmation from your consult that it is now safe to do so. 
In situations like this they are not willing to take just your word for it that you have stopped taking your immunosuppresants, your immune system has recovered, and it is now safe for you to return. 

calcotti

unforeseen said:

I understand their requirement for a letter. They are aware that you were put in the shielding group, therefore to come back earlier than the government say they want confirmation from your consult that it is now safe to do so. 
In situations like this they are not willing to take just your word for it that you have stopped taking your immunosuppresants, your immune system has recovered, and it is now safe for you to return. 

OP says that would be returning in September. Government advice in England (currently) is that those shielding can return to their workplace from 1st August if it is ’Covid-safe’.

GDB2222

It’s quite difficult for a school to be Covid safe? 

Someone is going to have to pay for a doctor to sign you off as fit for work. I suggest that you pay for this for now and argue it out with the school later. The cost of a private consultation with a rheumatologist is around £200. That’s quite a bit, but it may make the difference between having a job and not having one. Whilst you may get a suitable note via the NHS, it’s not really something that hospitals do. I guess you have already asked your GP?