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Being Pressured to Return to Work After Injury — Your Rights

What is a fit note and how does it protect you?

Statutory Sick Pay; GP assessment; "not fit for work" vs "may be fit for work with adjustments"; employer cannot override a fit note

What if your employer contacts you repeatedly while you are off sick?

Harassment / detrimental treatment — see our related guide; duty of care to mental health; reasonable contact vs unreasonable pressure

What is a phased return to work?

Fit note can recommend phased return; employer should consider reasonable adjustments under the Equality Act 2010 if disability threshold met; what a phased return looks like in practice

Can your employer dismiss you for not returning?

Capability dismissal — must follow fair procedure; disability discrimination if impairment meets Equality Act threshold; automatic unfair dismissal if related to making a safety claim — see our related guide

Does returning to work affect your compensation claim?

Returning to work does not end a claim; it may reduce future loss of earnings claim if full recovery follows; partial return affects past loss calculation; do not return until medically fit

What if your employer reduces your hours or pay without agreement?

Unlawful deduction of wages — Employment Rights Act 1996 s.13; unauthorised change to terms — constructive dismissal risk

Sources

  1. ERA 1996 ss.13, 44, 100
  2. Equality Act 2010
  3. Social Security (Medical Evidence) Regulations 1976
  4. Management of Health and Safety at Work Regulations 1999

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