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How long has your daughter been employed at her current place of work?
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Hi there, this is not really a case of overriding a doctor’s note. Absences from work can amount to misconduct, even if supported by a doctor’s note. For example there are many examples of disciplinary action and even dismissals of persistent or prolonged absences which have been backed up by doctors’ notes.
In any event a doctor’s note is just a professional opinion by someone who has seen the employee and made an opinion based on the information given to them. We all know that we can get a doctor’s note even if there is nothing wrong with us. I am of course not saying that there is nothing wrong with your daughter but I am just highlighting that notes are just an opinion based on information which the employer cannot back up and are advisory. The employer has no legal obligation to accept a doctor’s note and they can ask that the employee provides other evidence as required or they could be required to see a different specialist.
The issue here is also that she has less than 2 years service. In these circumstances it is very difficult for her to challenge potentially unfair treatment like this. She can raise an internal grievance but she can be dismissed as a result because she needs 2 years service to be protected against unfair dismissal. So she needs to think carefully bout how much to challenge this based on the risks she potentially faces.