Returning to work after sick leave (fit note?)

[feckawwf]

Quick background-DH has been off work for 3 months, the first month was due to stress/depression/anxiety as Ds was undergoing assesments for sn/autism diagnosis, neither of us were getting any sleep(3 hours max for 4yrs builds up) generally has been a very stressful few months and DH was unable to carry on working.
A couple of weeks into his sick note he had an operation-obviously not related to his reasons for sickness but this meant he was given another sick note for a month, then another month. He would like to return to work, has an appointment with gp tomorrow to discuss going back...employer say they need a "fit note"

So the problem is this-off the record, his colleagues have heard that work do not want him to return on "light duties" and there is talk that they want rid of him altogether. Just trying to get a feel of his rights before he goes to GP/rings work. Does anyone know what may happen, and if they have rights to not allow him back? He is only recovering SSP which doesn't even cover our mortgage, this has not helped to relieve the stress and pressure we were under to begin with but I know this is not a valid argument to go back.
Just so worried about it all

Sorry that should say receiving not recovering

Well, after 3 months absence, I would want some kind of evidence that he is in fact fit to return. I would probably send him to occ health for advice. I have rarely seen anyone be off for that length of time and be ready to just drop back into things as if they have never been out. In fact I am managing a case where someone has been out for 6 weeks, and yes, I have requested medical advice to confirm their fitness to return.

What is the issue with him getting a fit note?

I think what you're asking is whether his employer is obliged to adjust his duties if his doctor says he is only fit to work if he doesn't go back to his full job. The answer is no. Doctors can recommend light duties/reduced hours/a phased return but these are recommendations only and the employer can say no.

It's slightly different if the condition is a disability and the recommendations would constitute "reasonable adjustments" under the Equality Act.

Yes Flowery that's basically what I'm asking. So really the fit note is only a recommendation and the employer doesn't have to honour it? And I'm guessing that even though he would like to go back they still only have to pay ssp and not his actual wages?

That can depend on the company. Some organisations say that they will revert to normal pay once a person is back, even if it is only in reduced hours. The reduced hours should normally only be for a limited period usually about 2-4 weeks.

If he is in a Trade Union I would strongly suggest he gets in touch with them as a start.

He's not in a union I wish he was

How long has he worked there?

Something like 7 years.

As I suspected he's not allowed back to work, his gp had wrote him a fit note saying no standing for long periods and no heavy lifting....pretty reasonable imo but work can't accommodate that...surely heavy lifting is against the law anyway

Sorry you're both having such a stressful time. I recommend you do some homework on the Disability Discrimination Act: mental health issues often do count as disabilities, because they tend to be long term (have lasted, or are likely to last a year), and they tend to have a significant impact on people's day-to-day lives. And then, yes, the employer can't dismiss somebody without making "reasonable adjustments" to get them back into employment. There's always a discussion to be had about what constitutes a reasonable adjustment, but phased return seems a pretty sensible option, if there are "light duties" that need doing about the place or, in the case of stress, non-public-facing tasks, then it's hard to explain why those aren't reasonable adjustments.

By the way, I agree with you that standing for long periods and heavy lifting, where there are reasonable and safer alternatives, are against the law! There are any number of devices available to help with lifting tasks, and manual handling should always be the last resort, not the first! And while there are certainly tasks that shouldn't be done sitting down, that should be made clear in the risk assessments, and there should be safeguards in place to mitigate the ill-effects of standing (or sitting, or whatever) for long periods.