Injured; employer wants fit to work certificate even though I don't want to take sick leave

[PrangedBones]

I've injured my arm in a non work accident away from home address, was seen at A&E and have a letter to take to a hospital nearer home. It will take a few weeks to heal.

My job is a professional level job that primarily involves typing and driving a manual car. I can't drive for a few weeks, but have told employer I can take the train instead. I can type.

I'm currently on annual leave anyway, but due back tomorrow. Employer is insisting that I provide a "fit to work" certificate to say what I can and can't do even though I haven't been injured for 7 days yet and the NHS website says you don't need one unless you've been off for 7 days. Employer insists that if I show up to local A&E they will provide one; I am sceptical as I'm aware of the differences between an A&E department and an occupational health department. I haven't currently got a GP as I've just moved house (which is how I injured my arm...) though getting one will be a priority. I don't want to take time off, partly because I don't think it's necessary but also because I'm in probation and will only get SSP.

Is there any way I can get a fit to work certificate pre 7 days injury, and can my employer force me to take sick leave if I can't get the paperwork? And if they force me into sick leave can they get away with only paying SSP?

Hi, sorry to hear about the injury! It sounds as though your employer is probably trying to comply with their health and safety responsibilities in a somewhat muddled and over-zealous manner!

If an employer has legitimate (even if ultimately mistaken!) concerns about an employee's fitness to be at work and/or have concerns that work could impact on their health, it is part of their duty of care to seek medical guidance on their fitness to work. If there is an Occupational Health department they would usually advise, or in the absence on this they can ask for a fit note from the person's GP or a letter of advice from their treating consultant, or they can refer the employee to an outsourced OH provider. The employee does not have to consent to any of this (after all their medical history is confidential) but the employer then has to do a risk assessment and consider if it's safe to let the employee work in the absence of the medical info. If they decide it's not safe they can put you on medical suspension which is not the same as sick pay, it should be full paid. Link here explains:

www.gov.uk/medical-suspensions-from-work

The 7 days thing is a red herring as you don't need a note to be off sick before then, but if an employer has concerns they don't need to wait 7 days to ask for medical advice. To take an obvious example, if an employee was dragging themselves around a factory shop floor on an obviously broken leg whilst insisting they were fine, the employer should of course send them straight home (or to A&E!) and seek immediate medical help - not wait 7 days!

In practical terms I wouldn't waste A&E time on this. Does the letter they gave you in A&E state what's wrong and that you can continue to do normal activities like type pending your next appointment? If so maybe just show this to your employer (redacted if need be to cover any personal details you don't want them to see) and that should reassure them? Otherwise maybe a local walk-in centre would give you a note. Or failing that maybe if they really feel concerned they can put you on medical suspension until you can get to a GP (personally I would exercise common sense and tell you to work but take it easy but it's their lookout and their money at the end of the day!).

HTH