Q&A - not fit to work but can they return?
Q. Two weeks ago one of our employees was signed off for four weeks on the basis that they were “not fit for work”. They’ve now contacted us to say they feel well enough to come back. Can we allow them to do so?
A. Legally, there’s nothing to stop you agreeing to their request - that’s because there’s no statutory requirement for an employee to be officially signed back on as being fit for work. Furthermore, any advice provided in a fit note isn’t binding on you - so, in theory, you can disregard it. However, there is a significant danger here: if you let the individual return to work with no questions asked, your insurers are likely to take a dim view if anything happens to them, e.g. they suffer a personal injury, or their condition worsens as a result of their early return.
Tip. It’s far safer to err on the side of caution and ask the individual to check the position with their GP. Even if they do feel this is OK, you should establish from the employee whether any temporary work alterations are required, e.g. reduced hours, a phased return or lighter duties. If they are, confirm them in writing and state a review date. That way you won’t make any change a contractual entitlement.
For a free sample letter confirming temporary work alterations, visit http://personnel.indicator.co.uk(PS 14.16.09).
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