Can an employer reject my doctors note?

[Leo090813]

Hi,

Just as the title suggests really. I am 21 weeks pregnant and have worked from home for the whole pandemic. My employer asked me back and my anxiety is through the roof, I'm unvaccinated and the thought of going back to a packed office is making me feel physically ill, I'm so anxious about contracting the virus and my employer has scrapped all mask wearing and social distancing in line with current guidance. My doctor has given a note saying due to my social anxiety and anxiety around the pregnancy I have to work from home for the rest of my pregnancy. Can my employer reject this? Thanks

I don't know for certain but I don't think they can.
And they should be taking a stance of protecting their pregnant employee too so unless you have reason to think they are going to be annoyed by this, I think it'll be fine.

I'm pregnant too and so far we don't have a date to go back to the office yet but when they do say I'll just tell them I've only had one vaccine so I'm just going to say I prefer to WFH and I'm sure they will be fine with this.
I mean, we've WFH all this time so I don't know how they can justify why we'd need to go back?

@Horehound

I don't know for certain but I don't think they can. And they should be taking a stance of protecting their pregnant employee too so unless you have reason to think they are going to be annoyed by this, I think it'll be fine.

I'm pregnant too and so far we don't have a date to go back to the office yet but when they do say I'll just tell them I've only had one vaccine so I'm just going to say I prefer to WFH and I'm sure they will be fine with this.
I mean, we've WFH all this time so I don't know how they can justify why we'd need to go back?

Thanks for your reply. Totally agree, I've been home all this time, so the last few months of my pregnancy shouldn't make any difference. I think they're going to be annoyed I can't train my maternity placement in the office but I've said I'll do it all remotely and write detailed notes. Hopefully they will be ok. Hope you can stay home too x

Yes I think Legally they can in this case. You are either going to work or too unwell to work.

Where I worked the doctor didn't get to dictate reasonable adjustments. So the doctors note simply said A can't do xyz and it was up to us/our occupational health to create a reasonable solution. Same way if a doctors note said A can't work before 9 so she needs to do 9.30-4.30 we wouldn't automatically give that shift we'd work to balancing A's needs and the needs of the business which might mean a 12.30-19.30 shift.

Yes I think they can. You are not fulfilling the terms of your contract.

Here some helpful links (if your employment is in the UK).

www.gov.uk/working-when-pregnant-your-rights

www.acas.org.uk/managing-your-employees-maternity-leave-and-pay/discrimination-because-of-pregnancy-and-maternity

The first link is what companies Must Do to support pregnant employees' rights (the government website). Second is ACAS, which is a public body between employees and their workplace, however the link is for workplace discrimination for pregnancy.

If you need legal advice, incase you want a tribunal (if you think your being discriminated against).

Here a link to LegalUtopia, where you can find lawyers near to you:
legalutopia.onelink.me/YGQA/65669488

(We also commented this in the work talk forum, hope this can help).