Some Advice Needed

[DEN53]

My next door neighbour has been off work for 6 months with depression. She is now ready to return to work and has beenfor 4 weeks, but her company will not accept her signing off certificates. Her GP has written 3 letters to her company but they are saying these are not sufficient and will not accept them.

I think she needs to seek legal advice, as I am thinking they are trying to force her out of job. This is what she also thinks.

Anyone had similar problems or can give advice.

Thanks

[buildersmate]

Rather unusual, that.
She needs to establish what the company wants (in terms of medical documentation) before she returns back to work.
It is not unusual for an employer to require a company-appointed doctor to undertake a medical on behalf of the company, but just to refuse to allow her to return to work without saying anything about what the process is, is just plain daft.
I assume she is not being paid company sick pay?
How long has she worked there?

[caththecrazy]

When a lady returned to my office her doctor's signing back to work certicate wasn't accepted but they told her when she rang them to say she would be back and what else she needed.

I think she had to go and see occupational health about a phasing back into work programme but she's back now.

Did they not say anything else?

[factor-fiction]

Has she tried just turning up at work. Would they refuse her entry?
It's possible they are hoping she'll just leave. How lomg has she worked there? If less than a year they could dismiss her. Even if she's been there longer they could deal with her absence as a capability issue

[DEN53]

Thanks for your answers folks - sorry didn't get back sooner - I have been watching James Bond.

Apparently all the company will say is the GP's letters are not acceptable for her to return to work. She only got paid for 1 month by the company and has been on statutory sick benefit ever since. As she said, she could have returned to work 1 month ago, so in theory she has missed out on a full months salary. She has worked there for around 10 years and she is a manger of a department within a company. They have never suggested seeing a company doctor. The only thing they have said is there will be a meeting with Human Resources and Management on Tuesday to decide what to do. She is not allowed to attend the meeting.

This made her laugh as this will involve just 2 people.

Its a complete mystery, but I do think she should get legal advice as I would think at the moment the cards are in her favour.

Thanks buildersmate - cathy and factor 30 for all your replies.

I will let you know what happens.

Nite Nite
Den xx

[Peter Pedant]

all the usual suspects queuing up

I think there is quite a lot we dont know
this is VERY usual with third party issues
and one of the bits we dont know may be relevant

like he has said she can only do light sewing duties and no typing

I think it is USUAL after a long period away for occy health to get involved

wait until Tue I think is the temp answer

[DEN53]

Morning Peter - I don't know where the light sewing duties come in ?? and no typing.

I think there is a piece of this jigsaw missing, but perhaps on Tuesday all will be resolved.

Thanks

[buildersmate]

You can get perfectly good legal advice from AB, if you want it.
I agree, Peter, but this has been going on for 4 weeks - that is not a normal period for sorting out such issues.
She should write to the employer now and get it to them prior to their meeting on Tuesday. She should state that she is fit, willing and able to come to work, that her doctor has signed her off as fit for work, and then state that she proposes to report to work normally on Wednesday morning. That forces the ball into the employer's court.
Writing now forces the employer to at least focus their minds at the Tuesday meeting.
Then turn up on Wednesday morning as normal, report to her normal manager and see what happens.
What the employer will have to do then is suspend her (with pay) if they decline to allow her to work and send her home again.
I agree it is possible that the employer wants to dismiss her 'on the cheap'. By doing this they are hoping she will just go away.
At the very least, they have to go through a fair process of considering her capability (probably capability, rather one of the other possible fair reasons for dismissal), and give her notice (at least 10 weeks - maybe more if defined as longer in her contract) before fair dismissal might be possible.
By all means try and get 30 minutes free from a lawyer who deals with such matters.