Shielding has ended. Why won't my wife's work let her return?

[Yellowskies1988]

They have said that she needs a doctors letter to say she can go back to work becuase it's their policy. She works in a care home, she fortunately had a Dr's phone call appointment today and the doctor said that thye won't need to provide a letter as they don't need to. It's the equivalent of a sick note running out.

Posting here for traffic but what are we meant to do

Probably because it's no safer today than it was last week.

What is their policy going forward if the Dr won't sign her back on (and you can't blame them either - your wife has asked for a letter to say it's safe for her to work and it's quite possibly not)?

They may have policys in place and risk assessments

Just because shielding has paused, it doesn't mean that your wife is at less risk.
Your wife's employer has a duty of care towards her and want to make sure she's safe when she does go back.
I have a friend who's employer has told her she has to go back to work next week or be sacked, her consultant is telling her she has to continue shielding because getting covid would be very dangerous for her.

She can just turn up at work and say she is fit to work. Not much they can do about that, other than send her home. Then they will have to pay her full pay as she is not sick.

@lyralalala I agree that the doctors shouldn't do a letter but if my wife doesn't go to work she won't get paid.

They should either do a letter to confirm its ended and she should return or her employers should just expect her back

If they insist on a fit note, they would need to pay the fee for the doctors to write one - ours charges around £35 for companies who require a sick note prior to the 7 day self certification so I guess this would fall under that?

Care homes are very high risk- of this is an employer requirement, then she would need to comply- they have obviously done their own risk assessment and this is a requirement to work- a fitness for practise requirement. I'd ask her to speak to her GP agin as if this is their requirement, then she would need to meet it

EDIT

I know she is still not any lesser at risk but financially what are we to do

I don't think there's really clear precedent for these circumstances. There's what would "normally" happen, but we are streets away from "normal". The government deemed her at too high a risk on Friday, but not on Saturday, but the employer is right - from where they are standing nothing has changed. Care homes are also a high risk environment, and no amount of testing will change that. The combination is potential lethal for all concerned. Given that, this may be a case of frustration of contract - the employer can no longer safely employ her, and that is neither her fault nor theirs. And in that situation I can't see any doctor, whether her own or her employers, saying that it is wise for her to be working in that environment. Nobody is going to want to pin their colours to the mast and say that she's safe when she wasn't safe for the last three+ months.

In your situation I think I might start out with a written communication to the employer saying that, as of 1st August, the shielding scheme as ended and the government have told people to return to work, which is what she intends to do, and she requires the employer to tell her when she should report for work. She might also advise them that shielding is not the same as sickness, and so her doctor cannot provide a fit note because she was never sick. Then confirm that she is happy to attend any occupational health appointments the employer may require, but that she is expecting to be returned to payroll, as is her legal right, whether or not the employer expects her to work until they have made the appropriate risk assessment.

That's what I'd do. But equally I think I might be prepared for them to start looking at how they dismiss her, and I am not entirely sure that they couldn't do so legally if they take care and evidence legitimate concerns about the risk. Because, in all honesty, whilst I totally understand your worries about money, this is a travesty, and people who were at risk last week are still at the same amount of risk, and any employer, especially one in a sector noted for the high degree of risk, would be stupid to ignore the risk to their employees and their clients.

Hi, do you have Facebook? If so do a search for shielders uk/shielding uk. There are some very helpful people out there who may be able to help as they've been focused on these issues approaching us. Not to mention a huge amount of emotional, practical support and keeping each other company and up to date on changes.

because it's their policy

You answered your own question. Anyway risk assessments need to be done and it’s now standard.

I thought shielding is now ending on the 15th August?

No it ended on 1st August. Think its 15th in Wales.

My dh got letter from government (scotland) to say shielding now paused and he is able to resume work. It specifically states that a drs note is not required. He had phone cal from occupational heath 10 days ago and his manager last week. He is now back to work. No drama, no nothing. He almost ran out of the door this morning though!