An employer may allow someone to return to work whilst they still have a live fit note- there is no longer a mechanism by which a GP can sign someone back on as such. However, if your employee asks to return to work in those circumstances, you need to understand why. An employer has a duty to protect their employee’s health and safety and it is likely to be appropriate to seek further medical advice and/or carry out a risk assessment before allowing someone to return prior to the expiration of their fit note. It the employee refuses to agree to this then the employer is under no obligation to allow them to return until their fit note expires.
Limited access modeSorry, you need to be an HR Protect client to access this content.
HR Protect clients receive all the employment law advice they need across the year, delivered by experienced specialist lawyers, at a single fixed price. In addition, being a client gives you access to our templates, flowcharts and guidance notes on this Hub, where you can also return to your favourites, share content with colleagues, and manage your account.
For a full list of benefits, click here, or enquire to talk to one of our lawyers about how it could work for your organisation, and to receive a bespoke quotation.
Already have an account?
Log in below to access this content.
Enter your email to reset your password or try to login again.