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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To go to work one day into sick note?

47 replies

WeirdHandDryers · 21/11/2018 20:32

I’ve been signed off for two weeks from today. Can I go into work as normal tomorrow and then take sick from Friday? I appreciate the end date will still be the same.
I’m not pulling a fast one, I have depression. Tomorrow is my last day before I am due to go back on Saturday and I’d just rather tell them on Friday (normal day off) so that they can allocate my work out then rather than the morning of me calling in. Or do I just play it by the book and hand it in tomorrow?

OP posts:

Alfie190 · 22/11/2018 07:23

You should not go into work when signed off, your employer likely to send you home. I also think you lose credibility!

gamerwidow · 22/11/2018 07:29

You don’t have to follow a fit note advice but usually when you’re back you’re back. As a manager I would expect you to be either sick or in work you can’t chop and change between the two. I understand you want to be conscientious but just phone in and tell the manager today you’ll be off until x date. It’s too much of a pain I thd arse got paper work to be marking you in and out of sick and if you’re already on sick leave you’re going to be messing up you sick record because you'll now have two episodes of sickness recorded instead of 1 because of the break in the middle.

Dorsetdays · 22/11/2018 07:33

Gamer. There are lots of instances when an employee will be ‘in between’ sick and work and that’s what the fit certs are for - to change the emphasis away from what someone can’t do to what they can do if there could be some adjustments ie reduced hours/days, temporary change in duties etc so someone could well agree a return on the basis of being in work mon, off sick tues, in wed etc etc..

ForgivenessIsDivine · 22/11/2018 07:41

Can you go in and talk to them face to face... not easy with depression, I know. If there are things you want to finish and hand over, it might make it easier for you if you go in and finish them. Do you have an occupational health representative or an understanding boss?

gamerwidow · 22/11/2018 07:52

dorsetdays that’s a bit different though. I would and have made reasonable adjustments and given reduced initial working patterns to employees returning from long term sick or after surgery. I wouldn’t expect to do this right at the start of someone’s sick leave though.

Yidette86 · 22/11/2018 19:41

Indeed Jammy..

Jammydodger1981 · 22/11/2018 20:22

right back at you, and your offensive name.

Your employee can go back to work at any time (including before the end of the fit note) without going back to see their doctor - even if their doctor has indicated that they need to assess them again. This will not breach your Employers Liability Compulsory Insurance, providing a suitable risk assessment has taken place if required

Taken from this, published by DWP after consultation with ACAS, the BMA and Chartered Institute of Personnel and Davelopment, amongst others:

www.urmstongrouppractice.co.uk/website/P91006/files/fitnote-employers-line_managers-jan-2015.pdf

Yidette86 · 22/11/2018 21:03

Oh get over yourself.. I said there were implications so you're just jumping on your high horse..

And I couldn't care less if you find me being a jew offensive, attacking my name is low and pointless.

Jammydodger1981 · 22/11/2018 21:42

Insurance would not be covered if you're signed off

Actually the insurance bit is true for the employer

Your words.

And that word is offensive to many Jews, as I’m sure you’re well aware.

It’s 3 dots in an ellipsis btw

Original poster

WeirdHandDryers · 22/11/2018 21:45

I didn’t go in. I rang/text first thing this morning. Didn’t get a reply. Called the manager at 10.30am and she didn’t even ask why I was off work. Fuck the lot of them.

OP posts:

Yidette86 · 22/11/2018 21:48

In response to someone saying that the insurance complications aren't true.. And companies wouldn't be covered if the op was to do what they suggested. There would be no risk assessment for a start which could land a company in trouble. I've worked on cases where this has happened so have experienced it.

I don't need someone off the Internet to tell me what I should find offensive as a Jewish person thanks, I've had this nickname since school and I own it. Again my name has nothing to do with this topic so think it was ridiculous bringing it up.

Yidette86 · 22/11/2018 21:52

op probably very wise but a shame the manager didn't even show an interest in why you were absent or your welfare, doesn't sound very good.

Hope you feel better soon.

Dorsetdays · 23/11/2018 06:18

Yidette. Please stop giving out incorrect advice as if it’s fact, it’s really not helpful.

You CAN return to work before the end of your fit cert if you feel better and you do not need to be signed back to work as fit by your GP if you chose to do so. There is also no legal requirement for an employer to carry out a risk assessment if the employer states they are fit and well and able to return to their usual duties as nothing has changed to trigger such an assessment.

Therefore you cannot have employers liability insurance that deliberately precludes that as it would be not be legal.

I think you’re getting confused with a situation where someone has been recommended a phased return to work on their fit cert. In that case an employer needs to CONSIDER if they can accommodate a return on that basis but they are not legally obliged to accommodate it if they genuinely can’t but that’s a totally different situation.

AuntMarch · 23/11/2018 07:21

she didn’t even ask why I was off work. Fuck the lot of them.

My boss wouldn't ask for details at the time either.

Yidette86 · 23/11/2018 07:46

This isn't about someone returning to work early, it's about someone going to work when being signed off then not going to work as per certificate.. Please stop taking my posts out of context, as someone who has been involved in tribunal cases where this has happened I can speak from experience. There are implications for the company, I've just given a snippet of how it could be. And depending on role,sickness, policy and insurance a risk assessment even if it's not formal would be carried out to clarify any possible adjustments.. It's basic employment management.

A lot of companies wouldn't like to take the risk.

I do wish people on here didn't jump on people the way they do, I'm only speaking from experience and trying to help.

Dorsetdays · 23/11/2018 07:58

Yidette. In your first post you said Insurance would not be covered if you're signed off. As an employer if I found out you came in when a dr has signed you off I would be having a firm word and possibly start a formal process

The OP is free to decide if she follows her GP’s advice so if she thought she was well and went into work for the day that’s fine. It’s also fine if she then decided she actually wasn’t feeling as well as she thought and subsequently decided to follow the advice on her fit cert.

Employers liability insurance is NOT affected by someone choosing to work when they have a fit cert which is what you said.

Yidette86 · 23/11/2018 08:17

I'm sleep deprived so may not have articulated my point well in my posts and should have clarified but sorry you are incorrect in the rest of your post. Whilst it may be the employees choice if they still wish to work, the employer also has considerations to make and again, it CAN affect insurance etc it's not as cut and dry as you are trying to make out. Tribunal cases have shown that.

It's very unhelpful to pretend there aren't any implications regarding insurance, policy and the employees welfare but I really can't be bothered to go into the ins and outs with people on the Internet, and it's irrelevant now as the OP followed the advice on their certificate so therefore there's no

I would advise anyone to ignore everything on here as it would confuse people and just ring ACAS... I can see why people don't bother posting on here.

I'm done.. Have a good day

Yidette86 · 23/11/2018 08:21

Sorry I will add that there's a difference between a sick note and fit cert.. I actually never once mentioned a fit cert.

Dorsetdays · 23/11/2018 08:29

Yidette. There’s no such thing as a sick cert any more. Those have been replaced with fit certs because the emphasis now is on what someone could do rather than what they can’t.

The Acas and .gov websites state the following

IMPORTANT: Your employee can go back to work at any time (including before the end of the fit note) without going back to see their doctor - even if their doctor has indicated that they need to assess them again. This will not breach your Employers Liability Compulsory Insurance, providing a suitable risk assessment has taken place if required.

The important part here is if required. Where there is no change in duties or any phased return there is no requirement to under an RA. Therefore employers liability insurance is not affected.

Yidette86 · 23/11/2018 08:31

Your current post has just contradicted what you previously said. It's pointless discussing this.

I'm done.

Have a nice day.

Dorsetdays · 23/11/2018 08:37

You too

Miranda15110 · 23/11/2018 19:36

Dorsetdays I'd give up. You are totally correct.

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