How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have been of sick for 7 months with LABERYTHITIS which has

Resolved Question:

I have been of sick for 7 months with LABERYTHITIS which has left me with BPPV , I have got a phased return to work certificate dated 22nd April , I was called to work for a meeting with the manager and area manager on 30th April only to be told the sick not was incorrectly filled out by the Doctor and also another Doctor had to put on it details of whats hours are suitable for my return ,( as suggested by my works Occupational Therapist) the area manager says he is concearned about health and safety at work and that I needed a new sick note which I gave in on 1st May, it has been suggested a meeting Tuesday of next week, first issue was to get the sick note renewed and back to them, I have no wage coming in, no sick pay left and cant get employment support because I should be back to work according to the return to work certificate,it has been suggested that after the phased return I could reduce my hours if I want(which I don't) , if they where worried about the health and safety, why wasn't this mentioned at an earlier date and why would a Doctor give me a return to work if he didn't think I should go and wasn't ready , (I might add the one Doctor suggested me returning to work about 2 months back , but I new I wasn't ready then)
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What would you like to know about this please?

Customer:

Hi Ben, can they leave me hanging around like this, when I have a phased return to work certificate dated 22 nd April,(which they said was an error after 8 days)

Ben Jones :

Has the employer said what H&S in particular they are concerned about?

Customer:

its the Area manager that's concearned , I'm not sure if he is making enquiries about my condition which is positional vertigo, it is just what he is assuming as he has had a viral illness

Customer:

I should add that I work for Greggs and so handle hot coffee and pies

Ben Jones :

Employers do have a strict duty under H&S regulations to look after the safety and wellbeing of their employees and whilst a fit note with adjustments can be sufficient to pave the way for a return to work, if there are discrepancies with it and the employer is unsure of their position in respect of what you can and can’t do, then a return may be delayed until they have a clear ideas of where you and they both stand.


 


Even assuming the employer is able to make the adjustments suggested by the GP in the fit note, allowing an employee back into the workplace when they "may be fit" presents employers with a number of problems, not least of which is that they may be inadvertently putting the employee or other people at risk, or possibly invalidating their employer's compulsory liability insurance. Employers are advised to ensure they take account of the advice in the fit note, perform any relevant safety procedures and consider whether a risk assessment is necessary.


 


The doctor may have issued you with a return to work note but they may not always appreciate the specific H&S issues that may be faced on your return to work, so it usual practice to show that note to your employer, who can then consider whether it fits with the specific job and circumstances and either allow you to return straight away or make further changes/adjustments or seek a more detailed opinion if there is a clear H&S risk that still exists.

Customer:

thankyou Ben

Ben Jones :

you are most welcome. Also remember you can use the grievance procedure at work if necessary and the delays are becoming unreasonable

Customer:

Good Service

Ben Jones :

many thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions