off sick and threatened with the sack.

[JOLENE12]

my friend is off sick until 19th jan. her employer wants her back before that, or she will be sacked. Her therapist and doctor say she shouldn't return until her sick note runs out. The employers occupation health said she should come back now. Can they do this? She is ill and the stress is making her worse!

[woofgang]

I am not being judgemental here but by and large, if the person is capable of doing the usual activities of life as I listed, then they are capable of doing some kind of work although maybe not their complete or usual job.

[boxtops]

If the doc wants to ease her back, then it suggests that she's to be asked to go back part-time or on light duties. Not every employer can afford to offer that without their business suffering. Baldly - she's either fit for the job they employ her for, or she's not.

[society]

How old is this friend?

[ummmm]

And will she better on the 19th? Will her stress have disappeared?

[Purple_Popple]

Im going for a quick shower now lol....

[LoftyLottie]

Only her doctor and her employer know the facts. We know nothing of your friend and are not in a position to pass judgement on whether she is capable of working or not in my honest opinion.

[Robinia]

Oh Lottie you beat me to it...far too many judgements being made here.

[ummmm]

That's what happens when you don't give the facts...

[LoftyLottie]

But ummmm, the question was not whether Jolene's friend is fit for work, it was whether her employer has the right to threaten her with the sack if she doesn't return by a certain date. A simple question - no more than that.

[venator]

Reading all this, I wonder if we're in England!
There's a mountain of UK and EU law, and she needs help.
Your friend should get on to Acas or join her trade union right away.

It appears she's been in this company's employment for years, and has a good work record.

Has she had warnings and/or an examination by a doctor appointed by her employer?

If not, and if there aren't any other prejudicial matters, then her employer would appear to be in breach, and she could take them to a Tribunal if sacked.

[saxy_jag]

You haven't said as much, but I suspect her 'illness' may be stress-related. Clearly her employer being awkward isn't helping. Quite frankly, I'm amazed at OH's attitude - they're usually pretty sympathetic in most large organisations. Employers can terminate employment, however, if they consider an enployee is not fit to return to her job or to any alternative job they may be able to offer her, and she may not be fit to do the job if she can't cope with its inherent stress levels.

But as Lottie says, if your friend has a sick note valid until a certain date, then it's illegal for her to be working before that date, whether or not she can 'function' (and you usually can function when the cause of the stress, i.e. work, is removed). If her employer wants her back at work and if she and her doctors are happy for her to go back, then they should be talking to her now about a phased return, possibly going back part-time to begin with, building up to full-time hours over a period of weeks. It would also include a review of her expected workload on return.

If her employers insist on ignoring the opinions of medical professionals (and many OH practicitioners aren't actually doctors), as well as the law,then she could be in a strong position to take her case to tribunal.

[LoftyLottie]

Absolutely venator! I agree with you completely.

[LoftyLottie]

And agree with Saxy Jag as well!

[woofgang]

I have some experience of this and where the employment contract states and where the OH department has a doctor or doctors, then it can be different. Please note I make no judgement. The question was can she have her employment terminated and the answer from my knowledge and experience is, yes in certain circumstances, that can happen.

[venator]

You're dead right, Woofgang.

If the employer does everything right, according to the very complicated book, and can show he's made every effort to find suitable employment, then, and only then, is he able to sack her without fear if a Tribunal.

As it's such a minefield, and apologies for shouting, SHE SHOULD GO TO ACAS.

[Purple_Popple]

With respect, this poster did ask "Can they do this?" - meaning can her employer have the right, in most cases yes, we were not being judgmental - we did ask over and over again the poster for other information....we are just giving our advice....no more no less.

[venator]

Sorry, Purple, as you say, we're all trying to help,and we don't have all the information.

It's so easy in a stress situation like this to feel completely confused and helpless, so that you are unable to take the right action.

I hope she can get some confidence from the amount of goodwill and sympathy from AB posters.

[Purple_Popple]

Let's hope so, I wouldn't wish it on anyone to lose their job, it's difficult enough now to find work and so many of my friends have sadly been made redundant - so their Christmas and New Year were bleak to say the least....

[JOLENE12]

thanks to you all for taking the time to post an answer. She is a dear friend, and has had a terrible year, but never missed a day of work until this. In fact she has done many hours of unpaid work. I have said get legal advice, and ulitmately get another job.
Thanks to you all.

[LoftyLottie]

For Woofgang and Purple, I was not questionning your input at all. However, there are others on here who obviously have no knowledge of employment law at all and have made comments regardless that have no relevance to the question.

My answer would also be that your friend should contact ACAS asap.

Apologies if I offended anyone.