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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To work when I’ve been signed off?

70 replies

BluePi · 11/07/2021 11:12

I’ve been signed off work (because of a mh blip that’s turning into more than a blip) for the past couple of months but I’ve continued to work.
Work are unaware but they’re incredibly unsupportive and I’d almost certainly lose my job if I take any significant time off.
Legally I can still work can’t I?
Am I bu by still working and not informing them?
If it makes any difference, I work f2f with vulnerable people but there’s nearly always 2 of us.

OP posts:
Northofsomewhere · 11/07/2021 11:22

I mean this gently, why doesn't your work know you've been signed off? Surely that's the whole point of getting a doctor's sick note, to be able to take time off work without the risk of losing your job in the hopes you'll get better enough to return to work.

I also thought a sick note offered some protection against being sacked (although there are likely some exceptions).

I think you need to inform work that you have a sick note and take time off if that's what the sick note allows you to do and you think it would be beneficial to your MH.

Thriwit · 11/07/2021 11:28

My last workplace told me that I absolutely wasn’t allowed to work if I was signed off sick because it would invalidate their insurance. If I felt able to go back before the sick note ran out, I had to get a new note saying I was fit for work.

I don’t know the law, so don’t know how true this is for everywhere, but it’s what I was told by OH & HR at my last workplace

DarlingCoffee · 11/07/2021 11:29

Yes you need to show work your sick note OP. Please take the time off you need and have been given by the doctor.

Mycatismadeofstringcheese · 11/07/2021 11:31

I’ve come back early from sick leave and work were really funny about it as if you’ve bern signed off you should be off. I had to sign something to say I was voluntarily ending my sick leave. I don’t think legally you should be working if you’re signed off.

youvegottenminuteslynn · 11/07/2021 11:36

I think that there are insurance issues especially if you work with vulnerable people, as presumably your employer has niche insurance specified to this.

You need to tell them Thanks

MittensOnKittens03 · 11/07/2021 11:37

Your work cannot fire you if you have signed off sickness. What does it say in your contract?

Menora · 11/07/2021 11:38

It is not illegal to work on sick leave - I recently did this myself (pressure from work to do so) but although this protects your sick leave record and ensures you get paid, it’s not good for your mental well-being. There will be company policy regarding sick leave and working whilst off sick is usually not within the policy. You might be breaching your contract if you aren’t disclosing a health concern or need for sick leave that could affect your work but you would need to check your contract and policy. You could leave yourself at risk anyway if you are working with vulnerable people but not fit for duty.

A sick note is advisory guidance from a HCP, you know your own body - I was physically not fit for duty so I did not go into the office. I WFH though at my own pace and stayed on my sick leave to help them out

A lot of people do this as they won’t get sick pay, or pressure from work.

Take care of yourself, get advice from HR?

SD1978 · 11/07/2021 11:38

There is an insurance and personal liability issue, working whilst signed off. If anything happens in the workplace, you are not covered as you've been deemed unfit/ unsafe to be there. Why get the ongoing sick note if you have decided you don't want/ need it?

Ilikewinter · 11/07/2021 11:38

No you shouldnt be working whilst signed off sick, if you are well enough to attend work then ask your doctor to sign you back as fit to work.
If you aren't fit for work then tell your employer and stay home.

MrsFin · 11/07/2021 11:40

@MittensOnKittens03

Your work cannot fire you if you have signed off sickness. What does it say in your contract?

But they can terminate your employment if you're off sick so often, or for so long, that is impossible to do your job properly.

Cam2020 · 11/07/2021 11:51

I think they'd be extremely unhappy about this. Employers can't accept employees that have been signed off for liability reasons. I remember my DP once asked to go back before his sick note expired because he felt better and was told this.

I think your employers would be very angry that you've put them in this position.

ineedsun · 11/07/2021 11:59

I’d be concerned about the fact that you’re working with vulnerable people but don’t feel able to talk to work about your mental health. An organisation like that should be supportive, but also, if you’re not 100% is it a good idea to be working with vulnerable clients?

Grainjar · 11/07/2021 12:03

Either get reassessed or take the time off. Go back to your GP and discuss it if you think you're well enough to work.

NekoShiro · 11/07/2021 12:04

I've been signed off sick since August for depression and I had my contract ended at the end of June due to me not fulfilling my contractual obligations.

topcat2014 · 11/07/2021 12:06

Of course people can be dismissed for sickness - anyone thinking otherwise is mistaken.

Processes have to be followed, of course.

topcat2014 · 11/07/2021 12:07

Insurance is a red herring, thrown about like 'health & safety' used to be.

Depends of course on what you are doing, but there is no blanket rule about not working.

You could, for example, be undertaking a phased return.

HalfShrunkMoreToGo · 11/07/2021 12:09

@MittensOnKittens03

Your work cannot fire you if you have signed off sickness. What does it say in your contract?

This isn't entirely correct and could lead people to believe something that affects their employment.

Workplaces can fire someone for being on long term sickness if they can evidence that the person is not capable due to their health condition of fulfilling the role they are employed to undertake.

It would in all likelihood be a lengthy process, and would require formal steps to be documented and completed in order to cover themselves in the event of an employment tribunal but you can be fired for being signed off sick.

OP you've been to see your GP and their official assessment is that you are not currently well enough to work, did they offer any other solutions like medication, counselling, suggestions about amendments at work? I can see that you're concerned about the impact of leave on your work stability, that is wrong on your workplaces side to make you feel that way, they should support you to take time off if you need it, in the event that really isn't an option is there anyone at work you could speak to about this, are there any options like reduced hours or change of role that would support you to be present while allowing you to work on your mental health?

KrisAkabusi · 11/07/2021 12:10

@MittensOnKittens03

Your work cannot fire you if you have signed off sickness. What does it say in your contract?
But she hasn't told them she's been signed off. That's a very different issue.

OP, you will have been signed off for a reason. It's not in your own best interests to keep working. You need to take the break from work that your doctor says you need.

Original poster
BluePi · 11/07/2021 12:13

I can’t see anything in my contract relating sick leave other than just getting SSP.
I accepted the sick notes as I was thinking about taking some time out. I’m very aware I’m getting worse but losing my job will makes things worse still.
Honestly they’re crap to work for (not nhs), but because my health isn’t great I feel I’d struggle to get another job. I want to work.
Perhaps I should tell them..

OP posts:
Jeschara · 11/07/2021 12:14

Your employer can fire you if you are off sick. Please look at your sickness policy.

DogsSausages · 11/07/2021 12:21

If the doctor feels you need time off isn't it better to take their advice and rest, why go to the doctor if you ignore their advice and support.

PeonyTime · 11/07/2021 12:22

The GP has continued to sign you off, as they believe you are not helping yourself get well again by going to work.
Why are you continuing to get sick notes from the GP if you arent using them? Please talk to the GP too about what you've been doing. If you are determined to keep going to work, dont request a further sick note when this one runs out.

youvegottenminuteslynn · 11/07/2021 12:24

@topcat2014

Insurance is a red herring, thrown about like 'health & safety' used to be.

Depends of course on what you are doing, but there is no blanket rule about not working.

You could, for example, be undertaking a phased return.

But her work needs to know that - a phased return is when the employer and employee agree a plan for building back up to a return to working their usual hours gradually. Her work doesn't know she's signed off.
Original poster
BluePi · 11/07/2021 12:26

Because of the medication I’m on I have to go for regular reviews. He commented that I’m using diazapam a lot more than usual too (more frequent prescriptions) and I admitted I’m having a lot more panic attacks and it went from there.
Do you think there really is a chance I’d invalidate their insurance by working ? That honestly didn’t occur to me.
Thank you btw, I haven’t got many to talk to irl about this.

OP posts:
DuzzyFuck · 11/07/2021 12:31

Sorry OP but as far as I know you absolutely shouldn't be working if you're signed off. In the past I've had to go back to the GP to get signed back on when I've recovered faster than anticipated and Brent ready to go back early.

I would imagine it absolutely would affect your employers insurance if anything were to happen.

You need to sort it out one way or another ASAP; either asking the GP to sign you back 'on' or preferably taking the time you clearly need to get yourself well x

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