Work expect me to continue going in even though I have a sick note

[BralessBetty]

I was signed off full-time for 2 months due to stress & now the doctor has given me a new sick note saying I can go back part time but only 2 days a week for the next two months. I forwarded the sick note to work & they've told me theystill expect me to go in as normal (full hours) until they have 'assessed' my sick note & decided whether to accept it or not'!!! Wtf? Is this normal? Aibu to refuse to go in?

I am a manager. After 2 months of an employee being off I would consider accepting a phased return but probably at a faster rate. Week 1, 2 days, week 2, 3 days, week 3, 4 days and go from there if it was working for all of us. But I would expect a discussion not just a note sent to me. In my organisation you would be paid full pay for working 2 days a week for 2 months and we wouldn’t be able to get agency staff - because we are already paying full time salary.

I did reduce someone’s hours for 6 months due to stress down to 3 days a week because they were not managing. I also had someone on a longer phased return because of a broken bone. All with help of occupational health and HR. It’s not unreasonable to request it but it’s not evil if they say no

^their pay was reduced FYI, to 3 days!

As far as I’m aware this will be a fit note. These usually come with the caveat that if the company can’t meet the restrictions then the person continues to be too unwell to work and is signed off.

Does the company only pay statutory sick pay when you are off, OP? Because if you come back 2 days a week they will be looking at the difference between paying you full-time for 2 days work and SSP.

Did the GP say why they'd suggested a phased return to work? Have you had previous sick leave at all?

On page 4 of the handbook for employers and line managers re fit notes (available on the gov website) it says
“If you can’t agree on any changes, you should treat the fit note as if it says that your employee is not fit for work and use it as described
above. Your employee does not need a new fit note from their doctor to confirm this.”

I going to take a guess here that you work in care as that happens so much in care work the guilt trip .I have learnt over the years that you need to put yourself first .

This is why it annoy me when they wont exp,y enough people-trying to cut down costs but if someones off sick theyre stuffed

Hr may refer you for second opinion, or have own occupational health person. No way should you go back full time without fit to work from gp or specialist. where is your union?

Does your firm have any occupational health cover? Because this sounds very much like occy health territory.

I cannot believe the utter confidence people can post stuff so utterly incorrect from an employment law perspective

@OP
I think we can see why you are under stress. I think the problem is probably that the end result is you don't have a job - because this must be intolerable for you.

I would see a solicitor (or maybe union rep, but I doubt you have one). Take as much time off as you can, but I expect you will end up leaving, claiming constructive dismissal. It may depend on how much sick time your contract allows. Putting pressure on you while you have a sick note for "stress" is pretty much prima facie proof, I would think.

I would also not trust anyone at all in your work.

I re-read the thread. Try discussing this with your doctor. He may well change it to a full sick note. Ask him to do that.