Medical certificate have always been "advice" and the employee is are not obliged to follow this advice.
GPs can no longer "sign people back to work " using a fit note.
Get the solicitor to look a t a fit note... they have changed.
he can go back to work whenever he wants and the company should accept your advice ;)http://www.dwp.gov.uk/docs/fitnote-employer-guide.pdf
Can I request a Medical Statement advising
that my employee is ‘fit for work’?
Unlike the sick note, the Statement of Fitness for Work does
not include the option for doctors to advise someone that they
are fully fit for work. You do not need to be fully fit to return to
work and it is a myth that an employee needs to be ‘signed
back’ to work by a doctor. In some cases, there are existing
procedures to ensure someone is fit to carry out their role safely
and these should be followed – for example with the DVLA
rules for LGV/PCV drivers.
If you feel you need a medical opinion stating that your
employee is fit for work you can enter into a private
arrangement with a GP or occupational health specialist
Subject:
Good Morning
Please can you help. I have a gentleman who is currently off sick with an arm injury. The symptoms have resolved but his sick note goes until 7th November - difficulty getting it changed before then. HR have asked me to see him. I say he is fit with a phased return - pay due to be reduced this week. HR say he must go back to GP to get signed fit for work. I say they can take my advice. They have asked their solicitor who says that he must get the GP to sign them fit. Please can you direct me to the legal wording which states that GP advice is a recomendation and not a legal requirement and that the Business can take and OH advice.
(hope I am right!) but sometimes working alone I question myself!