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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long have you worked there for
Hi sorry still here, just dealing with several other customers as well so there may be a slight delay.
Have you received a medical opinion on what you can or can’t do in terms of work?
I understand. Are there light or office duties you could do instead?
Thank you. Employers have certain duties, both under common law and statute, in relation to the health and safety of their employees. Under the Health and Safety at Work etc Act 1974 an employer has a general duty "to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees.”
This would include making sure that any medical advice is followed, unless there is clear evidence that it is not relevant and not to expose the employee to unnecessary risks, such as by forcing them to carry out work which is a risk to their health.
If you are being pressured to return, you should not buckle under such demands and maintain your position The ball is in the employer’s court – they will have to consider what to do next and if that means disciplining you or even dismissing you – you will have rights to challenge them as such decisions are unlikely to be unfair in the circumstances.
Does this answer your query?
You cannot be forced to return and must remind the employer of their health and safety duties under law
All the best