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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47349
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If both the employee and the line manager agree that it is

Resolved Question:

If both the employee and the line manager agree that it is appropriate for the employee to return to work before the end of a ‘not fit for work’ Statement for their GP, do they need to wait until the end of the Statement period for them to do so.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What is the reason for absence?
Customer: replied 1 year ago.
Hi Ben,It is a general questions as it is written in our current policy that if the Line Manager ad employee agree then an employee can return to work even if signed as not fit to work. I always thought you could nto do this and had to wait until the end of the fit Note or get a GP to sign as Fit for work?Please adviseThanks
Expert:  Ben Jones replied 1 year ago.
It is possible to return to work before the end of a fit note. These notes have no legally binding function in the circumstances. They are a doctor’s opinion and recommendation that an employee remains off work for a specific period of time. That would be based on the information they have at the time. Things may subsequently change. The employee may feel better sooner that the expiry of the note. Just because they have a note in place which means they can be off work until a set date does not mean that they HAVE to remain off work until then. They can use the note to justify an absence for that period but if they feel like they are capable of returning earlier, they can ignore the note and get back to work whenever they feel ready, even if it is earlier than the note. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Hi Ben,Thanks understood but what happens if we allow an employee to return to work who has a signed note saying unfit to work and then their condition is made worse at work, are we not then liable under health and safety. Ie if an employee has a bad back and is signed as unfit to work, we allow them to work and then there injury becomes serious due to work surely we a re lible?Thanks
Expert:  Ben Jones replied 1 year ago.
If these are your concerns then yes that is a potential risk. But again, a fit note is only going to be a recommendation, if you wish to allow someone to return before it expires and you are unsure of whether that may affect them, you either have to go by what it says, or conduct your own assessment by using occupational health specialists.
Customer: replied 1 year ago.
Ok so I will add in that we will cionduct a risk assesment in these circumstancesThanks Again
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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