Employment Lawyers Can Answer Your Employment Law Questions
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?
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)
Has the employer said what H&S in particular they are concerned about?
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
I should add that I work for Greggs and so handle hot coffee and pies
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.
you are most welcome. Also remember you can use the grievance procedure at work if necessary and the delays are becoming unreasonable