Hi. I'm after a bit of advice please. Does anyone know the legalities around an employee who says they are fit to be at work, against an employer who believes they are not?
An individual has recently been through an extremely difficult time in their personal life and on top of this has just last week had the sudden loss of their partner. The employee wants to continue working but external agencies have advised that she take some time out and don't advise her working for a couple of weeks at least. However, this was not GPadvice and she has not seen her doctor. It is my belief that if an employee wants to work then we cannot stop them, if they say they are fit to do so as we cannot prevent them from earning. What steps should the company take to do the right thing for the employee and its vulnerable elderly service user group? Is there any way that they can be denied work based on the external advice received?
Also, they have been employed by the company for approx 3 weeks and there were some concerns that had not been addressed as they have been absent from the workplace. However, it was looking likely that their employment may have been terminated. I understand that this discussion will still need to be had with them but is it as simple as continuing with this if they say they are fit to be at work?
I look forward to your comments.