Being Forced into Office despite Doctors Note

silverchoice

I work in IT and have worked from home since lockdown.

I suffer from chronic fatigue from long Covid since 2020. I am female in my mid fifties.

We were required to work one day a week in the office since mid 2023 so I got a fit to work note from my GP advising that I was not well enough to go into the office that often but I agreed to go in one day a month.

A couple of months later the office was closed for a few months for refurbishment so everyone worked from home.  After that people were required to go into the office two days a week.  Following an occupation health assessment I got a doctors fit to work note again stating it wasn’t advisable for me to attend the office but I told work I would go in for special reasons like team meetings.  An exemption was logged on the works HR system stating that there was 0% expectation for me to attend the office which has lasted 6 months but expires soon.

My boss is demanding that I now return to the office 2 days a week ignoring the obvious health issues that this will cause (And is putting me on a performance improvement plan).  I mentioned that I wasn’t well enough to do that and I might have to resign. He then said that he could have HR on the phone because they have already put together a package to allow me to leave. I was then given a few days to think about my next move.

Has anyone else been in a similar position and could give me some advice?

Undervalued

silverchoice said:

I work in IT and have worked from home since lockdown.

I suffer from chronic fatigue from long Covid since 2020. I am female in my mid fifties.

We were required to work one day a week in the office since mid 2023 so I got a fit to work note from my GP advising that I was not well enough to go into the office that often but I agreed to go in one day a month.

A couple of months later the office was closed for a few months for refurbishment so everyone worked from home.  After that people were required to go into the office two days a week.  Following an occupation health assessment I got a doctors fit to work note again stating it wasn’t advisable for me to attend the office but I told work I would go in for special reasons like team meetings.  An exemption was logged on the works HR system stating that there was 0% expectation for me to attend the office which has lasted 6 months but expires soon.

My boss is demanding that I now return to the office 2 days a week ignoring the obvious health issues that this will cause (And is putting me on a performance improvement plan).  I mentioned that I wasn’t well enough to do that and I might have to resign. He then said that he could have HR on the phone because they have already put together a package to allow me to leave. I was then given a few days to think about my next move.

Has anyone else been in a similar position and could give me some advice?

Unless your illness amounts to a disability (for employment law purposes) then the employer can simply ignore your doctor's suggestion. Even with a disability the firm are only obliged to make "reasonable adjustments". Working more / entirely from home could be a reasonable adjustment but whether it is depends on all kind of factors, not just your health. Ultimately, if you can't agree and were dismissed / resigned and made a claim a court / employment tribunal would have to decide if it was reasonable or not.

It sounds as though they are taking the view that you working from home is not giving them what they want (rightly or wrongly) and are considering offering you a settlement agreement to "go quietly". For such an agreement to be valid you have to receive independent legal advice before signing. It is normal (not actually obligatory) for the employer to pay for the employee to receive the minimum legal advice the law requires. If you want the solicitor to negotiate on your behalf you would normally have to pay for the additional work involved.

swingaloo

If you have already said that you ae not well enough to return 2 days a week and that you may have to resign then you have probably sealed your fate.
Its also a bit contradictory, I have long Covid and Fibromyalgia and because of this I never know how I will feel on any given day. Some days are a lot worse than others, some days I cant get out of bed, other days I may be mowing the lawn and tackling housework.  I don't understand how you can say that you are not fit to go into the office on 2 days and at the same time say that you will go in for meetings and special reasons. How do you know you can manage to do that?
Why not give the 2 days a try and see how you manage?

Putting you on a performance improvement plan suggests that working from home is not producing the results they want from you.
I think you need to make a decision as to how much you want to hold onto this job. May be better to take the 2 days a week in the office than have the stress of finding a new job who may not let you work from home at all.

kazwookie

How long have you worked there?

If under 2 years, they can just pay you off.

I would suggest also trying the 2 days and see how you get on, at least meet them half way, if you enjoy the job etc.

If not update your CV and start looking again.

TELLIT01

silverchoice said:

 An exemption was logged on the works HR system stating that there was 0% expectation for me to attend the office which has lasted 6 months but expires soon.

My boss is demanding that I now return to the office 2 days a week ignoring the obvious health issues that this will cause (And is putting me on a performance improvement plan).  

If the medical advice and exemption were for 6 months then the boss isn't ignoring obvious health issues.  It seems they want the OP to work 2 days per week when it expires.  Assuming the company has a genuine need for people to spend time in the office there is little the OP can do, other than to carry through their stated intention to resign.

Grumpy_chap

silverchoice said:

I got a doctors fit to work note again stating it wasn’t advisable for me to attend the office but I told work I would go in for special reasons like team meetings.  An exemption was logged on the works HR system stating that there was 0% expectation for me to attend the office which has lasted 6 months but expires soon.

Presumably the 0% requirement to attend the office was reflecting the fit note.  As that fit note duration is nearing expiry, so does the exemption period granted by the employer.  What is the GP saying about fitness to work following on from the current fit note expiry?

Hoenir

silverchoice said:

 (And is putting me on a performance improvement plan).  

Given your medical condition is your current role the right one ?  Your employer has to by law make reasonable adjustments. However there's a tipping point where your own work performance is impacting on your colleagues and the organisation as a whole. 

TELLIT01

Hoenir said:

silverchoice said:

 (And is putting me on a performance improvement plan).  

Given your medical condition is your current role the right one ?  Your employer has to by law make reasonable adjustments. However there's a tipping point where your own work performance is impacting on your colleagues and the organisation as a whole. 

The massive question is "What is a reasonable adjustment".  The employer may have a very different view of what is reasonable compared to the person wanting the adjustments.

Undervalued

Hoenir said:

silverchoice said:

 (And is putting me on a performance improvement plan).  

Given your medical condition is your current role the right one ?  Your employer has to by law make reasonable adjustments. However there's a tipping point where your own work performance is impacting on your colleagues and the organisation as a whole. 

ONLY if the OP's illness amounts to a disability (for employment law purposes). 

Undervalued

TELLIT01 said:

Hoenir said:

silverchoice said:

 (And is putting me on a performance improvement plan).  

Given your medical condition is your current role the right one ?  Your employer has to by law make reasonable adjustments. However there's a tipping point where your own work performance is impacting on your colleagues and the organisation as a whole. 

The massive question is "What is a reasonable adjustment".  The employer may have a very different view of what is reasonable compared to the person wanting the adjustments.

Indeed. 

Even if the employer is obliged to make such adjustments (see my previous post) they may well be able to cite valid business reasons why employees need to be in the office at least two days a week.

ohreallƳ

kazwookie said:

How long have you worked there?

If under 2 years, they can just pay you off.

I would suggest also trying the 2 days and see how you get on, at least meet them half way, if you enjoy the job etc.

If not update your CV and start looking again.

Not if disability status comes into play, there is no qualifying period if it does.