Volunteering

[Topdach19]

I have been absent from work on sick leave for several months (receiving SSP) usually working 3 days a week and not expecting to return for about 3 months.I'd like to return as a volunteer for a few hours per week as my mental health is badly suffering but my employer says i can't as the duties wud be the same as in my paid job albeit a lot less hours, about 1 or 2 for a couple of days per week. Can my employer do this? If so can i volunteer elsewhere?

If you are being paid while off sick that should really be priority. Could you do a phased return and/or request adjustments if role is so similar? If one was physical and the other sedentary you may have more of a case, Does your contract require permission to take other roles?

Hi, my employer has refused me a phased return to work, reduced hours or a change of duties until i am fully fit to return. He says he'd rather wait till then but this cud be several months away. In the meantime my depression is worsening. My contract states i need their permission to take up even a voluntary role with anyone.

If your dr gives you a fit note saying a phased return is possible, it is up to employer to facilitate. Do you have OH available?

What does your HCP say @Topdach19 ?
It's their decision whether you're fit enough for work. As PP said you can get a fit note saying you're fit enough to return on restricted duties or hours. However it is then up to your employer to try to make those reasonable adjustment for couple of months until you're fully fit.

So are you saying that my employer MUST by Law comply with GPs note re hours etc. It's been made clear to me they won't do this. Thanks

Do you have a long term health condition that covers you under the discrimination act?
If so, and your GP says you are fit enough to work, then your employer needs to make reasonable adjustment to accommodate your needs. But the crucial bit is the adjustment need to be reasonable to the employer from a business sense as well. Do you saying you can work 2 hours a day is probably not reasonable, but a half day would be.

But if you're not covered by discrimination act then your employer does not have to make any adjustments and can say you need to stay off sick until you are fully fit enough to do the job. Sometimes, depending on type of workplace, their insurance will not cover having people onsite who are not fully fit medically

That is entirely untrue!

The employer has the absolute right to refuse anything except a full return to contractual conditions. It may be good practice where it is possible (and it isn't always) to look at adjustments including a phased return, but it isn't obligatory. If it is refused unreasonably there may be a possibility that refusal amounts to unlawful discrimination if someone falls under a protected characteristic. But it's a stretch and in no way or shape would a return of a few hours a week ever be deemed unreasonable - the cost and effort of payroll alone would be prohibitive for a few hours, to say nothing of the potential chaos of trying to manage someone who works an hour a day within a bigger work picture.

OP, I cannot imagine any employer agreeing to an employee volunteering to do their job whilst not being paid, regardless of the hours. It would be a legal and insurance nightmare. If you are fit to work then you are fit to work - if you are not then allowing you to work unpaid would almost certainly be unlawful for several reasons. Imagine, if you will, employers cottoning on to the fact that they don't have to pay sick employees for working!

If you want to do something voluntary, I would ask them for permission, explaining how that volunteering will help in your recovery. They might refuse, but a reasonable employer wouldn't want to, because it is in their interest for you to recover. If they have OH, it would be worth asking for a referral and discussing it with OH, as their recommendation would carry some weight (although the employer still doesn't have to agree with it).

Oh, and just noticed - you say you have been off for several months but are receiving SSP. SSP is only paid for 28 weeks. How long have you actually been off?

Hi, I've been off sick for 23 weeks