LONG term Sickness

[ermintrude600]

Hi , I have been off sick since september , I approached my employer this week after consulting with my doctor who recommended another month off then a phased return to work , I have been recieving SSP. I got a letter from my employer this morning stating he wants medical reports, and while I have nothing to hide and will do it, It strikes me that perhaps they dont want me to return as when I then emailed him as couldnt get him on the telephone, I asked what his opinion on the phased reurn was, his reply was he would have to see what the report said and I had to have this Review under employment law?? Does anyone know if this is correct. If my doctor feels I am ok to return to work I dont understand the problem, any thoughts?

[ubasses]

I do not know about the law but it is certainly normal. If your Dr is not signing you off as fit for work and is asking for a rehabilitation program for you then your employers will need the report to decide the best course of action for you.

[factor-fiction]

For an employer to agree to a phased return in my experience they would usually want a report so that they can come up with arrangements that suit everyone and won't aggravate any health issues.

[hc4361]

Seems reasonable and usual to me.

The employer will need to know what he should do to enable your phased return, determine which role you will be fit for and make proper arrangements. To do this he needs all the information available.

[ermintrude600]

I am not disputing his right to ask for a review, just that he states that a phased return is one possibility. And his comment that I have to have it by law I am uncertain of. I have been keeping in touch with them, often getting no response or replies . They have taken on a friends son in my absence and feel i am being pushed out of a job, this is causing me additional stress which is not helping at all at the moment.

[factor-fiction]

I know this will only worry you more but, depending on your past attendance record, any previous absence issues and the medical report, perhaps they may want to consider whether there is a capability issue here or whether they need to make long term adjustments to your role or work environment.

[lin2ton]

my advice is ,any communication should be in writing as phone conversations can be denied,your employer has a duty of care to you and should not make any decision without medical advice,however I would advice that you speak to ant union reps at your place of employment or citizens advice.
Good luck

[buildersmate]

The employer can ask for copies of medical reports related to your absence but you are under no obligation to agree to this. These reports can only be supplied to a doctor advising on behalf of the employer - not to any odd person working in the HR department The employer can also ask that you attend an examination with a doctor working on behalf of the employer for an opinion'. Again you are under no obligation to agree to this - in that it is not part of specific employment law.
However if you decline this request, the employer may undertake a review of your absence and your likely ability to return to full-time working purely based on the best information that it has or can obtain.
You question was 'is it right that the employer can demand you undertake a review as to your suitability for work. The answer is that an Employment Tribunal (if it came to that) would probably take the view that it was a reasonable request of the employer, and that if you refused you would be making it harder for the employer to undertake the investigatory process.
If you want to continue your employment with the organisation I would go along with any reasonable request of the employer.

[tonywiltshire]

Good advice from BM as usual and difficult to add anything further.
Just remember that SSP, which is not generous, is for 28 weeks only and after that your Employer, who pays the SSP, will give you a form, which will assist with your claim for ESA.
I do not want to depress you but your employer may be considering your capability for the job, which is a potentially fair reason for dismissal. If you wished to claim unfair dismissal at an Employment Tribunal you would need a minimum of one years service with your employer.
I would suggest co-operation with your employer.

[buildersmate]

That sounds to me like two HR professionals telling you the same thing.