To work when I’ve been signed off?

[BluePi]

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 do you have a professional registration? If so you could seek advice?

@NavigatingAdolescence if she made a mistake that was serious. She would have to justify her actions. If it was mental exhaustion and medication then she would be referred onto OH where she would be assessed by a doctor. If she went to tribunal and she said she was stressed anxious etc then they would ask why she continued to work.

The very fact you are dithering on this is clear evidence that you need to take your doctor's advice and take time off. You arent thinking straight. Take the time off.

They're fit notes, not sick notes now. My business insurance wouldn't cover my staff to be in work if they're not deemed fit to be there. I would refer you back to your GP to request a fit note before I could allow you back to work.

[quote Christmasfairy2020]@NavigatingAdolescence if she made a mistake that was serious. She would have to justify her actions. If it was mental exhaustion and medication then she would be referred onto OH where she would be assessed by a doctor. If she went to tribunal and she said she was stressed anxious etc then they would ask why she continued to work.[/quote]
They still wouldn’t have chess to GP notes.

(I do actually do this for a living.)

*access, not chess.

@careerchangeperhaps

They're fit notes, not sick notes now. My business insurance wouldn't cover my staff to be in work if they're not deemed fit to be there. I would refer you back to your GP to request a fit note before I could allow you back to work.

Can you find the clause in your insurance policy and post it here?

Yes I can understand they cannot access her gp records. But she is ultimately responsible for her health. If she isn't mentally well and is taking more medication to continue working. If she makes a serious error and has to give an account of why she did what she did. Her response may be depression , stress , drowsy from extra diazepam- in which case she could prove negligent and then the employer can go down the fitness to practice avenue?

I think it all depends on how she feels. I had surgery and had a 3 week note. I went back to work as a nurse 1 week early. The matron kept checking on me. I was hurting but I managed to stay at work

I also abstained from any medication other than paracetamol. I only worked in outpatients.

I will reply more to individual posts but I’m still a bit shocked tbh.
I told my line manager yesterday about being signed off, I apologised but said I really needed this time off to I recovered quickly.
I was basically given the choice of the time off or losing my job, although not those exact words. I repeated that I really needed to take the time out and now it looks like I may have actually lost my job. I’m awaiting final confirmation as they needed to seek further advice.

Ps I’ve arranged for a phone appointment with the CAB next week.

@BluePi

I will reply more to individual posts but I’m still a bit shocked tbh. I told my line manager yesterday about being signed off, I apologised but said I really needed this time off to I recovered quickly. I was basically given the choice of the time off or losing my job, although not those exact words. I repeated that I really needed to take the time out and now it looks like I may have actually lost my job. I’m awaiting final confirmation as they needed to seek further advice.

What do you mean they gave you the choice of time off or losing your job? So sorry this has happened.

She literally said that I couldn’t take anymore time off, that I’d already been told that I couldn’t be off ill again and they didn’t need unreliable staff.
I’m never late, I’m always there, do everything I have to and on time. This is despite the ongoing difficulties I have (that they’re aware of and were when I was interviewed). I’m still trying to get my head around it. This was all verbal so I’ve asked asked for confirmation of all of this via email (so I have proof). I really do not need this, this is a time when I need their support.

How long have you worked there and how long have you had this condition?

The health stuff (trying not to give too much identifying information away) I was diagnosed around 7 years ago and I’ve been there about 6 years. I can look it up to be exact if needed. They were certainly around a year apart anyway. The mh stuff is slightly more tricky. I was diagnosed 3-4 years ago but I’d struggled for years on and off before that (and before I started this job). They know about the diagnosis as I became really quite unwell then.

Okay. So they can’t just sack you. You have rights.

Employment rights - over 2 years employed = right to a process before dismissal.

Equality Act protects you against discrimination due to your disability (a condition which you have had or will have for at least a year which has a significant impact oh your life).

We can help you with this.

@Thriwit

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

Yes. This. Please don’t work - you’re considered not fit to be doing so. My boss is an utter cock, and continued to contact me for work reasons when I was signed off after emergency surgery. My union rep raised a grievance for me, which was upheld, for info.

Sorry... I missed the last page of updates.
There should be a capability process to go through, if your boss considers you to be unfit for work on a permanent basis. At my workplace, it’s really quite a difficult thing to prove, even for people who have had a lot of sick time.
Do not resign. Are you in a union or professional body who can help advise you - and potentially advocate for you/provide a representative?

I wonder if you wouldn't be better off asking for this to be moved to the employment topic rather than aibu or posting a new thread there about what's just happened with a link back to this one for background?

Have you spoken to acas?