I work in England. I am currently employed in a large national company. I have been on long-term sick for approximately six months. I have been employed for the last four years and work part-time. I now have a "fit for work" note from my GP however my employed insists on an independent medical examination before they will let me return to work.

I no longer receive statutory sick pay but am unable to claim incapacity benefit because I am fit for work. What are my rights, both with returning to work, and with benefits?

Thank you in advance.

One of the statutory reasons an employer in England can terminate employment is 'capability or qualifications for the job.' That includes health reasons, except pregnancy/childbirth. Whether you would receive company benefits depends on published company policy, as in an employee handbook. Since your sick pay has ended without further benefits such as LTD, I can't imagine that there are any forthcoming, whether their doctor finds you fit to work. As for allowing you back to work, this is also according to company policy. They could have terminated you by statute, but didn't. This does seem to hinge now on their doctor's report, and so the question is can they overrule your doctor's report with their own? I believe they can, but do not see English law on this. Others might.

So you go for the independent exam. Then see what happens.

Yes you should return in to looking happy and you should go in with benefit

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Originally Posted by rogerica

yes you should return in to looking happy and you should go in with benefit

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This is a serious Q&A site. Its nice that you want to help, but your answer makes no sense. You need to post clear answers.

So you are well, do they have a reason to believe your doctor lied about you being well ?

So you merely go to the independent doctor, get approved and return to work