Ask the expert: Working if signed off by medical expert

An employee, who has been signed off work by a medical expert, would still like to come into work and do reduced hours. Esther Smith and Matthew Whelan advise on the consequences of this.

The question:

We have an employee who has had a minor operation and has been signed off work by medical experts for two weeks. However, the employee wants to be able to come into the workplace and do shorter hours if possible. What are the consequences for the employer in a case like this? For instance, if the employee works and then suffers physically because of this? Would the employer be liable?

Legal advice:

Esther Smith, partner, Thomas Eggar

You should not allow an employee to work or carry out contractual duties when they are signed off as being unfit to work by a medical practitioner.