News1 min ago
Forced return to work
This is about a friend:
Was signed off work with stress and anxiety.
Being treated with anti-depressants and CBT.
GP says unfit to return to work.
Occupational Health doctor said fit to return.
GP disagreed with OH doctor's evaluation, issued futher sick note to end November.
Letter from employer following friend's formal meeting last week with employer's HR.
Employer standing by OH doctor's assessment.
Employer ordered friend to return to work next week or no pay.
Have advised friend to consult Union and/or ACAS.
Has anyone any experience of such a situation? Would be interested to hear.
Was signed off work with stress and anxiety.
Being treated with anti-depressants and CBT.
GP says unfit to return to work.
Occupational Health doctor said fit to return.
GP disagreed with OH doctor's evaluation, issued futher sick note to end November.
Letter from employer following friend's formal meeting last week with employer's HR.
Employer standing by OH doctor's assessment.
Employer ordered friend to return to work next week or no pay.
Have advised friend to consult Union and/or ACAS.
Has anyone any experience of such a situation? Would be interested to hear.
Answers
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There is no harm in consulting the Union but I see little point in going to ACAS if the company is simply applying correctly its rules for the payment of sick pay in such circumstances.
How long has your friend worked there? If it's less than a year they could just dismiss her. If it's more than a year the company may well go down the capability route.
How long has your friend worked there? If it's less than a year they could just dismiss her. If it's more than a year the company may well go down the capability route.
Friend will be entitled to statutory sick but company sickness benefit is not a statutory legal entitlement but part of the employment contract. Company has a duty to satisfy itself that employer is entitled and take the opinion of its own professional advisor in doing this.
Issues involving stress, anxiety and back-pain are some of the most difficult for employers to deal with because opinions differ widely amongst medical experts.
At the end of the day, if an employee can't work, employer is eventually likely to go down a process to assess capability, and dismiss if there is no realistic prospect of return in reasonable length of time. Previous good record may delay the start of the process.
Issues involving stress, anxiety and back-pain are some of the most difficult for employers to deal with because opinions differ widely amongst medical experts.
At the end of the day, if an employee can't work, employer is eventually likely to go down a process to assess capability, and dismiss if there is no realistic prospect of return in reasonable length of time. Previous good record may delay the start of the process.
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