slickrick

im currently off on the sick,my sicknote still has 2 weeks left to run.my boss rang me on friday and said he wants me back at work 2moro.can he do this ?

Julz1983

My Mum has just came off the sick, her boss asked her to go back but she had the note from the doctor so she did not have to go in to work, she actually chose a few days before it ran out to go back to work on her own accord, but as far as I'm aware you do not need to go in if you have a doctor confirm your sick.

Scoob99

iTrader: (1)

No you do not and your boss cannot do anything about it.
Cheers
Colin

pauld37

Depends on what type of company you work at, and your contract. If you've not been there for over a year your contract could be terminated especially if you work for an American company

lightning101

Unless you earn a fortune - he will just sack you and wait for the unfair dismissal trial. If you only earn £30k, you will only get about £4k if you are lucky. This happened to a guy I used to work with.


The problem for the employer is liability. If you are sick and you put someone elses life in danger and the company knowingly forces you back to work, then they have major problems.

DaveMiddleton

Agree with Lightning 101. I run a company, and if I had staff staying off for weeks on end with something as trivial as Tennis Elbow I would fire them and go to tribunal.
Before you say anything, I have been suffering from it for over 18 months.
I have had 2 cortizone injections, Physiothereapy, and am about to try Accupuncture. I have had to stop playing squash which I loved and played at high level for years; BUT- I have not been off work for one day with it !!!!

slickrick

well dave,i work in a upvc window factory fixing sashes to windows with a windy screwdriver.probably fit about 100 a day so say 3000 screws,i dont know if you have ever tried this but i simply cannot do it at the moment with my elbow.in fact its probably why im suffering from a "trivial illness".

SD

It's important to know that if you go back to work before you 'sick note' expires then the companies insurance will be invalid. A doctor needs to 'sign you back on' if you wish to go back early.

Our place won't let us back until this has been done. It's not worth the risk for them.

Simon

pslewis

It may be interesting to note that a Doctors Sick Note is NOT the overwhelming authority you all seem to think it is!

We all know that Doctors are very easy with dishing out these things, the Employers know and the Industrial tribunal knows this too.

They CAN ask you to attend for work, with or without a Sickie Note .......... if their doctor, or one they pay for to see you, says you are fit to work - the thats it - you work!

Pete

Daz34

Can't you agree a compromise and go back but do something else that won't aggravate your injury?

slickrick

never thought of that daz,will ring 2moro.its not like im skiving im only getting paid ssp of £75 a week that barley covers the car.

kend

This isn't strictly true.

They can insist that you attend work so that they can see you are really ill, or they can sen dsomeone round to discuss with you - if you refuse this then your rights disappear.
They can also insist that you see their nominated occupational health doctor, he'she can make suggestions of ways in which you can return to work, or changes job that can be made to help you return, he can also express an opinion as to whether you are fit to work, as should know what your job involves better than your GP. Despite being allowed to make such an opinion, an occy health doctor cannot oblige you to return to work if you have a valid sick note.

However, in many companies you get more sick pay than you are entitled to by law, and it is possible that if the company doc feels you are fit it might affect the 'discretionary' bit off your sick pay.

Finally if you have been getting statutory sick pay for some time, or end up on incapacity benefit then the benefits agency (old DSS) can require you to see one of their docs for a medical. The benefits agency docs do have the power to over-rule sick notes, but only after doing a medical

DaveMiddleton

Having seen your response regarding your actual job and that you would go back to do something that does not aggravate the elbow, I must state that my earlier comments would not apply to you. I was just generalising. Good luck.