Can your employer force you to take sick leave?

[Yasou1985]

Hi all.

My employer has forced me to take sick leave with statutory sick pay but I've got a recent occupational health report that has deemed me fit to be in work.

My concerns are that I am not getting full pay while off as it is the employer who is preventing me from fulfilling my duties and not my health. In this circumstance I feel I should be entitled to full pay.

This situation has worsened my condition knowing that I won't be able to meet my monthly payments as their is a shortfall in income.

Please can anyone advise.

 

[Mr D]

Your employer has a copy of this fit note? And you have discussed the matter with the employer?

 

[Yasou1985]

Your employer has a copy of this fit note? And you have discussed the matter with the employer?

Yes they have the health report deeming me fit to be in work. I raised this with my employer but they are going against the Doctor.

 

[mattk]

What is their reasoning for not allowing you back?

 

[Yasou1985]

What is their reasoning for not allowing you back?

Stress and anxiety/Mental health issues.

 

[Yasou1985]

Anyone?

 

[Rebecca_J_T]

Sorry to hear you’ve been unwell.

The short answer is that, yes, your employer can refuse to allow you to return to work. They have a duty of care to you, and the occupational health advice is only advice.

If I were you, I would be wanting to understand what the concerns are that they have relating both to the impact of returning to work on your wellbeing, and to your fitness at the moment to carry out your duties. Perhaps you can allay them (but do be honest with yourself too).

Have you been signed as fit to work by your own GP? If this is the case, and the employer is still reluctant to allow you to return, I would normally be advising the employer to pay at full pay sick leave after you’ve been deemed fit by the GP.

I can imagine this must be a stressful time. Take care.

 

[Mr D]

Can you negotiate with them to start back at a part time number of hours for a time, see how it goes?
They may be more willing to accept that.