I have been off work with stress, I was certified as fit for work by G.P almost 6 months ago but asked to remain at home until I had seen Occupational Health (OH). Since being certified as fit to work I had been suspended on full pay awaiting OH recommendations. OH recommended initially a return to work with support and this was ruled out by the manager without clear explanation as difficult to achieve. So OH changed recommendation to a temporary medical redeployment (even though I do not have an on-going medical condition) for up to 6 months and then review to see if I can return to my existing post.

Occupational health said that I should return to work, albeit in a temporary re-deployment and did not state that I was not fit for work. My employer is demanding that I go to my G.P and sign off sick from my current position, whilst they look for temporary re-deployment. I have refused to do this on the grounds that I am fit for work and have been signed so by G.P. Also OH have not said that I am not fit for work. My employer has said that they have put me onto occupational sick pay anyway without the statutory sick pay part of it, as I have not signed off with my G.P as in their view as OH have recommeded temporary medical redeployment, this means I am not fit for my current position.

Any idea if they are able to do this? I thought that G.P certified you as either fit or not fit for work and not fit for one position but not another.

Also the employer is proposing a possible re-deployment, which is in a totally different field to the one I trained in,

they can not tell me the salary or the starting date. The employer thinks it may be October. Any sick pay entitlement, including statutory sick pay (should I cave in and go and sign off sick when I am not with my G.P) runs out well before then, so they are proposing that I am paid nothing until such a time that this position may start. Occupational sick pay runs out in around 2 weeks and unless I sign off sick, I would not get the further 2 weeks of statutory sick pay and even then this runs out mid Sept. 

The employer has given an indication of possible salary for post, and this may be up to £7,000 less per year than my existing post. This again seems ridiculous-are they able to do this or can I argue that it is not suitable temporary re-deployment? I haven't even had any details about this proposal in writing and the employer is arguing that they cannot identify any other alternative positions. Should I not accept this post, I am concerned that they may give me notice on the grounds that I can not carry out my current post due to health reasons.

Any ideas?? So far union has not been all that helpful in negotiating what exactly my rights are in this situation-so any ideas appreciated.

HI there

I'm no expert in this area and I think you should get in touch with the HR department at your employer's, explain how confused you are and ask for an explanation in writing of the situation as it stands. Then, if it's still unclear you are able to take advice (from your union or a solicitor) on the basis of something that is written down in black and white.

From what you say, it sounds to me like the situation is that the GP has said you are fit to work and the OH (is this OH at your own work or an external NHS OH?) has also said you are fit to work, but only with support if it is to be in your current role. Your employers have said this is unworkable (I suspect they will have to state why, or risk a case of unfair dismissal if it came to that) and are therefore looking at alternatives to ensure you remain in employment. My question to you is whether YOU think you are fit to work in this job or not as you don't say? You also don't say whether it was you that requested you stayed off work until the OH had assessed or whether this was at the request of your employer or your GP.

If you are sure you are not fit to work in this job, then in my view you should go back to your GP to get signed off sick. If you think you are fit to work in this job then you can simply decide to go back to work and see how you get on. If you find you are not fit to do so then you would go back to your GP to be signed off sick.

My understanding of SSP is that it is paid out if you either self-cert your sickness, or have a sicknote from your doctor - otherwise it doesn't get paid (I may not be right though, so don't take my word for it). You can only self-cert for 3 days so if you are too sick to work you will need to get the sick note if you want this pay. It is normal that occupational sick pay doesn't pay out on the never-never. I think at my company we get one month of full pay (including the SSP bit) and then one month on half pay and then nothing - and that's generous!!

I'm not sure about the re-deployment. You say that it's a temporary redeployment and they are keeping your role open for you so you can have a review of your illness in 6 months time, which sounds reasonable and fair to me. I wouldn't have thought that suitable redeployment has to be on the same salary , I would think they simply have to pay a fair salary for the role you are doing for them. You don't say what you do or how different the alternative role is, but I would imagine the role would have to be quite different if you're not able to do your current one, and therefore it doesn't sound unreasonable that it's on a different salary.

Eiher way, If you are not well enough to do the role you used to do, then between you you have to decide how to move forward. It sounds like your options are:
Decide to go back to your old role and see whether you are capable of doing it.
Push your employer to find out why it's not possible to support you in your old role and try to negotiate from there. If they have a good reason, then accept that isn't an option. But see if you can get them to keep you on some kind of pay - even if it's half pay - until the new role becomes available in October (on the basis you won't be able to sign-on in that time either)
Take the temporary alternative role at the lower salary with the aim of being fit enough to return to your old role in 6 months after a review
Take the temporary alternative role, but start looking for a new job at a higher salary that you know you are fit to do.

Whatever the legal situation, not working at all and continuing to be paid your full salary isn't likely to be an option unless your doctor signs you off on long-term sick and your company has very generous long-term sick pay policies.

Hope you get this sorted soon - I'd be interested to see how it pans out so please do post to let us know!

Jo x

Thanks for your reply. I have some information in writing but it is still unclear. Union haven't been too helpful so far, so am now trying for legal advice.

I have always felt fit enough to carry out the job that I was doing, but have felt unsupported by the manager there which caused me additional stress. The employer still hasn't really given a clear explanation as to why it is unworkable for me to return with additional support. All they have said is that it would be difficult to achieve in that environment, even though they have acknowledged that they have done this before for other employees.

It was the employer who decided that I should stay off work until have seen OH, I was wanting to return to my work once certified as fit to do so by G.P.

I don't think employer would support me at present to return to current role, as manager is completely against a return at any point in time, it is OH who have recommended temporary redeployment and then see if can return. I could query their reasoning to try and get more of an idea why they are saying they could not support me to return at present.

The role is completely different as I was working in social care, the post they have found is administrative. I have found out that H.R put on my redeployment form that I require a redeployment which is not face to face, this is not something they discussed with me or they agreed. They said that they would look for a social care position at a lower level at the meeting with them.

My concern is that if I am in a completely unrelated role, how will this enable me to prove that I am able to return to my existing role. e.g if face to face contact is required and I am being prevented from having a redeployment which involves this.

Thanks I will post as to how it progresses