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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jenny Your Own Question
Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 7731
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

My daughter has been awarded Limited Capability to Work from

Customer Question

My daughter has been awarded Limited Capability to Work from DWP and as such Universal Credit do not need to see Fit Notes. She is contracted to work 4 hrs a week and the company is insisting on receiving these notes. The drs do not need to issue and are refusing to do so unless it is a private note. How do I go about getting a private one issued and the cost sent to the company - she is being threatened with disciplinary action if she doesn't send a Fit Note
JA: Was the disciplinary action discussed with a manager or HR? Or with a lawyer?
Customer: 9th October 2019Dear HelenI am concerned that we have not received the latest Statement for Fitness for Work/Certificate means your current absence is classed as unauthorized and therefore not subject to SSP. It is also a breach of our absence reporting procedure, and therefore could be subject to disciplinary action.You need to contact me by 14th October with a Statement for Fitness for Work/Certificate and if you fail to provide this and the unauthorized absence continues, I will have no alternative but to consider it a disciplinary matter of a potential gross misconduct nature.I would like to confirm that any periods of continued absence must be supported by a Doctor’s medical certificate.Yours sincerelySafeena Ali
HR ManagerThis is what she received by email
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees, Helen has only just been given a 4 hour contract, she was zero hours for the previous 5 years
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 11 days ago.
Category: Law
Expert:  Jenny replied 11 days ago.

Hello my name is***** am a solicitor and I am happy to help you today.

How long has she worked there for and is the DWP aware of this arrangement?

Customer: replied 11 days ago.
She has worked for CEX for 5 years but only for a year or so with the current owners. We have a letter from Universal Credit saying that they no longer need to see fit notes
Customer: replied 11 days ago.
I am at work and cannot take the call
Customer: replied 11 days ago.
9th October 2019Dear HelenI am concerned that we have not received the latest Statement for Fitness for Work/Certificate means your current absence is classed as unauthorized and therefore not subject to SSP. It is also a breach of our absence reporting procedure, and therefore could be subject to disciplinary action.You need to contact me by 14th October with a Statement for Fitness for Work/Certificate and if you fail to provide this and the unauthorized absence continues, I will have no alternative but to consider it a disciplinary matter of a potential gross misconduct nature.I would like to confirm that any periods of continued absence must be supported by a Doctor’s medical certificate.Yours sincerely
Customer: replied 11 days ago.
This is the letter she received
Expert:  Jenny replied 11 days ago.

Ok no problem I can continue on here.

It is perfectly reasonable for a company to have an absence procedure requiring evidence for time off work. For most absences a self certification is required but for longer absences an employer can require a Fit Note from a doctor. It is also perfectly reasonable for an employer to treat it as a disciplinary offence if a person fails to produce it.

A fit note is normal NHS work, I am unclear on what basis the doctor is refusing to issue on and is stating this is private work. This is something she should take up with the practice manager as it is is having an impact on her potential continued employment.

Is there anything else I can help you with today?

Customer: replied 11 days ago.
I have a letter from Universal Credit which states that as she claims from them and works 4 hours a week she no longer needs to produce a Fit Note and because of this the dr will no longer issue one, she has been ill since the end of May
Expert:  Jenny replied 11 days ago.

Yes but that is in respect of the requirements of UC not of SSP and the employers requirements. The doctor SHOULD issue them in respect of the employment.

You need to raise a concern with the surgery as a matter of urgency as she could lose her job for this reason.

Is there anything I can clarify for you?

Expert:  Jenny replied 11 days ago.

Hello is there anything further I can help you with today please?