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Employer unwilling/unable to accommodate fit note recommendations

(7 Posts)
fedupandtired Fri 17-Jul-15 07:17:44

I have been off sick for a while and was hoping to return to work on Tuesday 4th August (would be earlier but am on holiday for the next two weeks). I've tried speaking to my managing director about my return to work but he's refusing to talk to me saying we need to have a proper meeting which is obviously understandable but he's unable to see me until a week after my current sick/fit note expires and he doesn't want me coming back before the meeting.

My GP wants me to do a phased return and I want to reduce my hours on a semi-permanent basis but again, my boss is refusing to even discuss it prior to this meeting.

I'm due to see my GP on 3rd and am really keen to return to work on 4th. Can my employer insist I stay off longer (until the meeting) even though I've been declared fit for work albeit with some restrictions ie. hours?

fedupandtired Fri 17-Jul-15 07:26:27

Sorry meant to add - I don't think my boss (the MD so the one who makes the final decision) will agree to reduced hours. I actually think he's going to try to dismiss me over this but that's another story (my absence is due to my disability so I know it won't be easy for him to sack me although he'll still try).

Purplevicki Fri 17-Jul-15 07:28:58

Hi there.

I don't know the answer to your question but it sounds very stressful.

Contact ACAS. Their advice is free and have helped me before

LIZS Fri 17-Jul-15 08:15:38

If you are fit and available to work would they pay you as if you are working until the meeting takes place ?

fedupandtired Fri 17-Jul-15 08:17:55

No they wouldn't pay me. I'm only getting SSP, which my boss begrudges paying, so I know as soon as he can get away without paying me anything legally he won't.

flowery Fri 17-Jul-15 08:28:47

Your employer doesn't have to agree to a reduction in hours/phased return etc. You are not fit for work completely, you are fit for work if x,y and z happens.

Nothing wrong with him wanting a meeting to discuss these things with you - whether the recommended phased return is possible/how it would work etc before allowing you back to work. Especially if he's aware you want the reduction in hours to be more than just a brief phased return.

If the recommended phased return and your desire to reduce your hours on a "semi-permanent" basis might be a reasonable adjustment for your disability, again it's right that he explores that first.

It's disappointing he can't see you straightaway but that's the way it is.

fedupandtired Fri 17-Jul-15 08:33:43

Thanks flowery.

Of course if he isn't happy for me to drop back down to part time hours (was part time for years, only did full time for a couple of months) then I'll do the full time hours And have to see how I get on. I don't think my GP is absolutely convinced I'm fit enough for work at all but I really want to go back and at least give it a try (hence part time rather than full time).

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