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Is a UK employer allowed to force you into taking mandatory sick time off? [closed]
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If you sustain an injury which limits your mobility can a UK employer force you to take time off and claim statutory sick pay?
In this situation the employee:
- Has been working while injured but undiagnosed condition
- Has a track record of working at home
- Has a "Fit Note" from their GP
However the employer is stating that they have a "Duty of Care" and cannot permit the employee to work (and therefore not pay them their salary).
If the employee wants to work and can prove they are able to without loss of productivity does the employer have any rights to prevent them doing so?
For bonus points if this is legal how can the employee prevent being forced to take the time off?
united-kingdom sickness
edited Sep 5 '14 at 20:30
Wesley Long
44.7k15100159
asked Sep 4 '14 at 10:03
Liath
1,2731218
closed as off-topic by gnat, Garrison Neely, O. Jones, IDrinkandIKnowThings, David S. Sep 5 '14 at 5:52
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – gnat, Garrison Neely, O. Jones, IDrinkandIKnowThings, David S.
 |Â
show 2 more comments
up vote
0
down vote
favorite
If you sustain an injury which limits your mobility can a UK employer force you to take time off and claim statutory sick pay?
In this situation the employee:
- Has been working while injured but undiagnosed condition
- Has a track record of working at home
- Has a "Fit Note" from their GP
However the employer is stating that they have a "Duty of Care" and cannot permit the employee to work (and therefore not pay them their salary).
If the employee wants to work and can prove they are able to without loss of productivity does the employer have any rights to prevent them doing so?
For bonus points if this is legal how can the employee prevent being forced to take the time off?
united-kingdom sickness
edited Sep 5 '14 at 20:30
Wesley Long
44.7k15100159
asked Sep 4 '14 at 10:03
Liath
1,2731218
closed as off-topic by gnat, Garrison Neely, O. Jones, IDrinkandIKnowThings, David S. Sep 5 '14 at 5:52
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – gnat, Garrison Neely, O. Jones, IDrinkandIKnowThings, David S.
Is this case real - it's happening to you, or is it hypothetical?
– Vietnhi Phuvan
Sep 4 '14 at 11:06
A friend of mine thought it may be a real possibility, it looks like the issue is resolved but I'm still curious.
– Liath
Sep 4 '14 at 11:17
1
The reason I am concerned is that if we ask you for clarifications for a case that's hypothetical, the issue statement will get dicey. Thanks for the clarification.
– Vietnhi Phuvan
Sep 4 '14 at 11:28
1
Ask the Citizens Advice Bureau... they're normally good for this sort of thing and have actual lawyers who may be better than a random person on the internet.
– Ben
Sep 4 '14 at 11:53
2
Did you mean "statutory"? I'm pretty sure "statuary" isn't what you meant. (Don't blink.)
– Keith Thompson
Sep 5 '14 at 0:04
 |Â
show 2 more comments
up vote
0
down vote
favorite
up vote
0
down vote
favorite
If you sustain an injury which limits your mobility can a UK employer force you to take time off and claim statutory sick pay?
In this situation the employee:
- Has been working while injured but undiagnosed condition
- Has a track record of working at home
- Has a "Fit Note" from their GP
However the employer is stating that they have a "Duty of Care" and cannot permit the employee to work (and therefore not pay them their salary).
If the employee wants to work and can prove they are able to without loss of productivity does the employer have any rights to prevent them doing so?
For bonus points if this is legal how can the employee prevent being forced to take the time off?
united-kingdom sickness
edited Sep 5 '14 at 20:30
Wesley Long
44.7k15100159
asked Sep 4 '14 at 10:03
Liath
1,2731218
If you sustain an injury which limits your mobility can a UK employer force you to take time off and claim statutory sick pay?
In this situation the employee:
- Has been working while injured but undiagnosed condition
- Has a track record of working at home
- Has a "Fit Note" from their GP
However the employer is stating that they have a "Duty of Care" and cannot permit the employee to work (and therefore not pay them their salary).
If the employee wants to work and can prove they are able to without loss of productivity does the employer have any rights to prevent them doing so?
For bonus points if this is legal how can the employee prevent being forced to take the time off?
united-kingdom sickness
edited Sep 5 '14 at 20:30
Wesley Long
44.7k15100159
asked Sep 4 '14 at 10:03
Liath
1,2731218
edited Sep 5 '14 at 20:30
Wesley Long
44.7k15100159
edited Sep 5 '14 at 20:30
Wesley Long
44.7k15100159
edited Sep 5 '14 at 20:30
Wesley Long
44.7k15100159
44.7k15100159
asked Sep 4 '14 at 10:03
Liath
1,2731218
asked Sep 4 '14 at 10:03
Liath
1,2731218
asked Sep 4 '14 at 10:03
Liath
1,2731218
1,2731218
closed as off-topic by gnat, Garrison Neely, O. Jones, IDrinkandIKnowThings, David S. Sep 5 '14 at 5:52
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – gnat, Garrison Neely, O. Jones, IDrinkandIKnowThings, David S.
closed as off-topic by gnat, Garrison Neely, O. Jones, IDrinkandIKnowThings, David S. Sep 5 '14 at 5:52
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – gnat, Garrison Neely, O. Jones, IDrinkandIKnowThings, David S.
Is this case real - it's happening to you, or is it hypothetical?
– Vietnhi Phuvan
Sep 4 '14 at 11:06
A friend of mine thought it may be a real possibility, it looks like the issue is resolved but I'm still curious.
– Liath
Sep 4 '14 at 11:17
1
The reason I am concerned is that if we ask you for clarifications for a case that's hypothetical, the issue statement will get dicey. Thanks for the clarification.
– Vietnhi Phuvan
Sep 4 '14 at 11:28
1
Ask the Citizens Advice Bureau... they're normally good for this sort of thing and have actual lawyers who may be better than a random person on the internet.
– Ben
Sep 4 '14 at 11:53
2
Did you mean "statutory"? I'm pretty sure "statuary" isn't what you meant. (Don't blink.)
– Keith Thompson
Sep 5 '14 at 0:04
 |Â
show 2 more comments
Is this case real - it's happening to you, or is it hypothetical?
– Vietnhi Phuvan
Sep 4 '14 at 11:06
A friend of mine thought it may be a real possibility, it looks like the issue is resolved but I'm still curious.
– Liath
Sep 4 '14 at 11:17
1
The reason I am concerned is that if we ask you for clarifications for a case that's hypothetical, the issue statement will get dicey. Thanks for the clarification.
– Vietnhi Phuvan
Sep 4 '14 at 11:28
1
Ask the Citizens Advice Bureau... they're normally good for this sort of thing and have actual lawyers who may be better than a random person on the internet.
– Ben
Sep 4 '14 at 11:53
2
Did you mean "statutory"? I'm pretty sure "statuary" isn't what you meant. (Don't blink.)
– Keith Thompson
Sep 5 '14 at 0:04
Is this case real - it's happening to you, or is it hypothetical?
– Vietnhi Phuvan
Sep 4 '14 at 11:06
Is this case real - it's happening to you, or is it hypothetical?
– Vietnhi Phuvan
Sep 4 '14 at 11:06
A friend of mine thought it may be a real possibility, it looks like the issue is resolved but I'm still curious.
– Liath
Sep 4 '14 at 11:17
A friend of mine thought it may be a real possibility, it looks like the issue is resolved but I'm still curious.
– Liath
Sep 4 '14 at 11:17
1
1
The reason I am concerned is that if we ask you for clarifications for a case that's hypothetical, the issue statement will get dicey. Thanks for the clarification.
– Vietnhi Phuvan
Sep 4 '14 at 11:28
The reason I am concerned is that if we ask you for clarifications for a case that's hypothetical, the issue statement will get dicey. Thanks for the clarification.
– Vietnhi Phuvan
Sep 4 '14 at 11:28
1
1
Ask the Citizens Advice Bureau... they're normally good for this sort of thing and have actual lawyers who may be better than a random person on the internet.
– Ben
Sep 4 '14 at 11:53
Ask the Citizens Advice Bureau... they're normally good for this sort of thing and have actual lawyers who may be better than a random person on the internet.
– Ben
Sep 4 '14 at 11:53
2
2
Did you mean "statutory"? I'm pretty sure "statuary" isn't what you meant. (Don't blink.)
– Keith Thompson
Sep 5 '14 at 0:04
Did you mean "statutory"? I'm pretty sure "statuary" isn't what you meant. (Don't blink.)
– Keith Thompson
Sep 5 '14 at 0:04
 |Â
show 2 more comments
1 Answer
1
active
oldest
votes
up vote
4
down vote
accepted
This case seem extremely unlikely as the the employer would probably not be qualified to overrule the expert advice provided in the form of the "fit note" from the GP.
I would enquire at the local Citizen advice bureau (which is free legal advice) whether that would constitute ground for unfair dismissal and possible discrimination.
answered Sep 4 '14 at 15:14
Ghaag
58028
It can depend in a minority of suitations. For example in the UK Air traffic staff do not work whilst suffering from a cold when you would normally go into the office
– Pepone
Sep 5 '14 at 20:04
1
Absolutely, there could be exceptions due to specific situations. In principle the GP ought to take the profession of the patient into account when making his/her assessment. Employers with specific restrictions are generally upfront with it.
– Ghaag
Sep 5 '14 at 21:08
suggest improvements |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
4
down vote
accepted
This case seem extremely unlikely as the the employer would probably not be qualified to overrule the expert advice provided in the form of the "fit note" from the GP.
I would enquire at the local Citizen advice bureau (which is free legal advice) whether that would constitute ground for unfair dismissal and possible discrimination.
answered Sep 4 '14 at 15:14
Ghaag
58028
It can depend in a minority of suitations. For example in the UK Air traffic staff do not work whilst suffering from a cold when you would normally go into the office
– Pepone
Sep 5 '14 at 20:04
1
Absolutely, there could be exceptions due to specific situations. In principle the GP ought to take the profession of the patient into account when making his/her assessment. Employers with specific restrictions are generally upfront with it.
– Ghaag
Sep 5 '14 at 21:08
suggest improvements |Â
up vote
4
down vote
accepted
This case seem extremely unlikely as the the employer would probably not be qualified to overrule the expert advice provided in the form of the "fit note" from the GP.
I would enquire at the local Citizen advice bureau (which is free legal advice) whether that would constitute ground for unfair dismissal and possible discrimination.
answered Sep 4 '14 at 15:14
Ghaag
58028
It can depend in a minority of suitations. For example in the UK Air traffic staff do not work whilst suffering from a cold when you would normally go into the office
– Pepone
Sep 5 '14 at 20:04
1
Absolutely, there could be exceptions due to specific situations. In principle the GP ought to take the profession of the patient into account when making his/her assessment. Employers with specific restrictions are generally upfront with it.
– Ghaag
Sep 5 '14 at 21:08
suggest improvements |Â
up vote
4
down vote
accepted
up vote
4
down vote
accepted
This case seem extremely unlikely as the the employer would probably not be qualified to overrule the expert advice provided in the form of the "fit note" from the GP.
I would enquire at the local Citizen advice bureau (which is free legal advice) whether that would constitute ground for unfair dismissal and possible discrimination.
answered Sep 4 '14 at 15:14
Ghaag
58028
This case seem extremely unlikely as the the employer would probably not be qualified to overrule the expert advice provided in the form of the "fit note" from the GP.
I would enquire at the local Citizen advice bureau (which is free legal advice) whether that would constitute ground for unfair dismissal and possible discrimination.
answered Sep 4 '14 at 15:14
Ghaag
58028
edited Sep 5 '14 at 14:02
answered Sep 4 '14 at 15:14
Ghaag
58028
answered Sep 4 '14 at 15:14
Ghaag
58028
answered Sep 4 '14 at 15:14
Ghaag
58028
58028
It can depend in a minority of suitations. For example in the UK Air traffic staff do not work whilst suffering from a cold when you would normally go into the office
– Pepone
Sep 5 '14 at 20:04
1
Absolutely, there could be exceptions due to specific situations. In principle the GP ought to take the profession of the patient into account when making his/her assessment. Employers with specific restrictions are generally upfront with it.
– Ghaag
Sep 5 '14 at 21:08
suggest improvements |Â
It can depend in a minority of suitations. For example in the UK Air traffic staff do not work whilst suffering from a cold when you would normally go into the office
– Pepone
Sep 5 '14 at 20:04
1
Absolutely, there could be exceptions due to specific situations. In principle the GP ought to take the profession of the patient into account when making his/her assessment. Employers with specific restrictions are generally upfront with it.
– Ghaag
Sep 5 '14 at 21:08
It can depend in a minority of suitations. For example in the UK Air traffic staff do not work whilst suffering from a cold when you would normally go into the office
– Pepone
Sep 5 '14 at 20:04
It can depend in a minority of suitations. For example in the UK Air traffic staff do not work whilst suffering from a cold when you would normally go into the office
– Pepone
Sep 5 '14 at 20:04
1
1
Absolutely, there could be exceptions due to specific situations. In principle the GP ought to take the profession of the patient into account when making his/her assessment. Employers with specific restrictions are generally upfront with it.
– Ghaag
Sep 5 '14 at 21:08
Absolutely, there could be exceptions due to specific situations. In principle the GP ought to take the profession of the patient into account when making his/her assessment. Employers with specific restrictions are generally upfront with it.
– Ghaag
Sep 5 '14 at 21:08
suggest improvements |Â
Is this case real - it's happening to you, or is it hypothetical?
– Vietnhi Phuvan
Sep 4 '14 at 11:06
A friend of mine thought it may be a real possibility, it looks like the issue is resolved but I'm still curious.
– Liath
Sep 4 '14 at 11:17
1
The reason I am concerned is that if we ask you for clarifications for a case that's hypothetical, the issue statement will get dicey. Thanks for the clarification.
– Vietnhi Phuvan
Sep 4 '14 at 11:28
1
Ask the Citizens Advice Bureau... they're normally good for this sort of thing and have actual lawyers who may be better than a random person on the internet.
– Ben
Sep 4 '14 at 11:53
2
Did you mean "statutory"? I'm pretty sure "statuary" isn't what you meant. (Don't blink.)
– Keith Thompson
Sep 5 '14 at 0:04