Law Queries
Dispute over fitness to return to work
Q. A member who has been off on long term sick leave for five months has now been signed off as fit to return by her GP.
But the company won’t let her back until Occupational Health have agreed that she can return, which might take about six weeks. She will have used up all her company sick pay before then and will no longer be paid. This doesn’t seem fair.
A. Unless there’s a clear term in the contract allowing the employer to withhold payment while they seek their own medical advice,they should continue to pay her. This was confirmed by the Employment Appeal Tribunal in Beveridge v KLM UK Ltd [2000] IRLR 765, in a case brought by a member of cabin crew when her employer stopped paying her in similar circumstances.
If there’s no explicit contractual term and your member’s employer does stop paying her, she can bring a claim for unauthorised deduction of wages.