Is this illegal?

[SnorkellingCat]

My DH has been on the sick due to an inflamed shoulder for the last week. His sick note runs out on the 6th October, which to me suggests he is unavailable for work until 7th October.

His doctor has said he is now well enough for work but wants him to see out this sick note as he's having intensive physio on it until the sick note runs out.

Work called my DH "Sick note runs out on 6th October so can you do a shift that evening?" DH has agreed as he's worried about the implications of saying no 10 hour a week contract which has a clause that he can be let go at anytime for any reason but I think it is illegal for him to work until the 7th October.

Can anyone tell me if it is legal for him to work on that day?

Thank you

*sorry 6 weeks should say at the beginning

It is perfectly legal for him to work that day if he is willing to do so. However, if your husband's condition worsens as a result of returning to work early he may be able to make a personal injury claim against his employer, so his employer should be taking steps to ensure it is appropriate for him to return. Even if they don't take any precautions, if he returns to work and his condition is not affected there will be no problems.

It's not illegal for him to work whilst signed off. Y his GP. An employer cannot stop an employee from returning to work whilst covered by a sick note unless the employer medically suspends the employee (e.g. If the employer thinks that the employee being at work would pose a risk to the employee, their colleagues or the business).

Your husband's fit note is to 6th so his absence is certified until that date - he may remain absent on the 6th and return to work on 7th if he wishes.

*signed off by his GP

Thank you, he doesn't want to cause any issues with his work so is going to ask for light duties on Friday and Saturday. He's got annual leave for 2 weeks then so it's only those 2 shifts he needs to get through