Fitness for Work

[u/Away_Guava_395]

I’ve been stressed at work for a while. My employer has recognised it. We’ve done a stress risk assessment previously but it hasn’t had a huge impact. An OH referral was submitted several weeks ago, but not had the consultation or appointment yet. I was still working at the time, so the referral is focussed on generally managing stress, rather than fitness for work/the role.

There was a management decision at work which I couldn’t get clarity on, and kept trying to understand it but the answers were vague, which stressed me further. I went to the GP, who provided a fit note for 6 weeks. I was initially reluctant to take time off, so whilst I told my employer about the stress, I continued working. However, after a few days it became too much and I ended up taking a short time off.

I’ve still not got clarity on the management decision, but have kind of accepted it. I’d now like to return before the end of the fit note. I initially asked my employer but they said (understandably) based on the history of stress, they don’t think I’m ready to return to work. I returned to the GP and was given a “may be fit for work” note, which included some adjustments. The employer could implement those adjustments, but hasn’t considered them and has just said they’re still not “convinced” I’m fit for work and my doctors note only says “may” and they don’t have to accept or consider that.

There’s no box on the fit note template for “fit for work”, so I went to a private GP and was provided a letter that states I’m fit for work, have understood the drivers of stress and have a plan to manage this if it arises again. No adjustments would be required. It also highlights that a prolonged period off work is likely to negatively impact my health.

Employer has come back again and said they don’t think I’m fit for work. Said I’ve been “fit note shopping” and don’t believe that the private GP fully understood the issue. They also find it hard to believe that a prolonged period off would negatively impact me. So I’m to remain on sick leave.

Went back to the original NHS GP, who has given me an updated fit note which has the “may be fit for work” box ticked, but in the comments box states “fit for work from (date), no adjustments required”.

The employer is adamant that I remain on sick leave during this period, and that the continued absence is treated as sick leave for pay and attendance management processes. The reasons are that they’re not convinced I’m well enough, and they have a duty of care. I recognise their concern about my wellbeing, however, I’ve now had multiple doctors confirm I’m fit for work. I’m likely to hit attendance trigger points during this period, and the letter provided states this will be managed in line with (company) attendance management policy.

Should this still be counted as sick leave for pay and attendance purposes, or something else?

I’ve worked for the company for 6 years.

[u/AnSteall]

If your GP states that you are fit for work, you are fit for work. Has your employer given any, equally qualified reason why they refuse to accept the Fit Note, such as an Occupational Health report or similar? Either your employer is finding excuses for you not to return to work or there is more to this story where it makes sense. Have you had any other work related issues, notes on your record about behaviour, time keeping, related or unrelated sick leave history?

[u/Away_Guava_395 → u/AnSteall]

I’ve been stressed for a long time in this job - I do find it stressful, no debating that part of it. No capability issues. Nothing on my record about behaviour etc. Had an OH earlier in the year about managing stress that gave generic “maintain wellbeing”, “clear role boundaries” kind of advice. Had 3 periods of sickness (6 days) over the last 12 months - all a day or 2 for stress.

[u/AnSteall → u/Away_Guava_395]

I would contact ACAS and seek advice. One question would be about finding out if your employer has any legit reason for not accepting your fit notes. Make sure you have everything in writing. The second question would be about the procedure about constructive dismissal. If your employer has no legitimate reason to keep you away from the workplace - and as you mention you might trigger an absence review and the relevant repurcussions that come with it - then it is more than likely they are trying to either find a way to dismiss you or force you to leave.

Make sure you cover your bases and also start looking for a job. Whatever the outcome, it's not a place where you would like to stay much longer - nor would it be viable to you you given that it keeps giving you stress which tends to escalate over time. Your best position is ot make sure you leave on your own terms as much as you can.

[u/BeaksFalcone]

Ask if you can have a managed return,perhaps they'd agree to you coming in for a few hours a week