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Can DD lose job over extending phased return to work

9 replies

ToeSucker · 18/08/2025 12:12

DD has been on sick leave due to burnout stress. Large well known company. She was off 2 months and on 4 week passed return to work.
HR are now having meetings with her and have said they need to know for definite that the phased return won't extend as they can't put her on projects if she's on LTFT or phased return. HR have said they have concerns as her original sick leave was extended from 2 weeks to 2 months. They have also asked if the extension was due to the same reason or a different reason, and have asked her for evidence that she has been working on her mental health during the time off eg exercise, therapy.

This all seems inappropriate to me but I don't know what's normal. Is this normal or are they trying to sack her?

OP posts:
nellly · 18/08/2025 12:14

Normal, they need the information to assess when she will be back or if is likely to be indefinite surely! They should be asking sensitively though.
is she getting better?
ultimately if she’s unable to do the job indefinitely sadly they will let her go

Iamfree · 18/08/2025 12:15

How long has she worked there? I personally have not been sick one day in the past 16 years so I don’t really know but our assistant was off with stress and they paid her a big redundancy and she left. Unfortunately they need to work too as we rely on people. Can your daughter find another job maybe less demanding?

WitchesofPainswick · 18/08/2025 12:16

Normal, yes, particularly in something like consultancy. What does your daughter want to do?

PennywisePoundFoolish · 18/08/2025 12:22

I think your daughter should call ACAS.

I did have a long sickness absence due to a breakdown. I had a phased return to work. I have a vague recollection that Employer's can start looking at capability, even with medical evidence etc. Although there's a requirement to make reasonable adjustments, there's a line where it stops being so because of the needs of the business.

It's a more complex area than it first seems, so I'd look at contacting ACAS for their advice

PhilippaGeorgiou · 18/08/2025 12:25

Is this normal or are they trying to sack her?
Honestly, probably a bit of both. As an employer they have a responsibility to work with employees to help them achieve acceptable performance levels, which includes reducing sickness levels. To do that they do need to understand what the problem is and how that is being addressed / whether they can put more help in place. If she refuses to co-opertae then that will not look good. She could ask for a referral to occupational health if she hasn't had one already.

But the other side of that coin is that in order to dismiss the employer needs to show that they have acted fairly and that they had exhausted all reasonable options before doing so. So all this will be on the record and could be used as their defence if they came to dismiss. However, there is nothing she can do about that - if it comes to dismissal that is what it will come to. Refusing to co-operate will only bring that as more likely.

Assuming this is burnout due to her work, realistically is that something that will change? Because if not looking for another less stressful role might be the better option.

OopsNoHoliday · 18/08/2025 12:26

If I were your dd I’d have spent the time looking for another job and everyone probably be happier!

TartanMammy · 18/08/2025 12:31

Iamfree · 18/08/2025 12:15

How long has she worked there? I personally have not been sick one day in the past 16 years so I don’t really know but our assistant was off with stress and they paid her a big redundancy and she left. Unfortunately they need to work too as we rely on people. Can your daughter find another job maybe less demanding?

That's not redundancy as her job wasn't redundant. More likely she got a settlement payment or termination by mutual agreement.

But back to the op, yes that's within the realms of usual process. Has she given fit notes for all of her sickness?

theressomanytinafeysicouldbe · 18/08/2025 12:59

I'm no expert but I would have thought they should be referring her to Occupational Health

I would speak to ACAS

mamagogo1 · 18/08/2025 13:17

They need to plan ahead, since they will need to cover her work if she’s part time or off. Completely necessary to ask. If she’s not working towards her full time return they need to start to think ahead on that one. If she’s in therapy or whatever it demonstrates she’s actively trying to get better, no different to a physical illness where they could ask for a drs letter to explain she needs to be part time to accommodate physio therapy for instance. Employer’s ultimately need to know if their employee is likely to return to the same role, needs a permanently adapted role or is likely to leave

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