Occupational health forced me to take sick leave

Background 

I’ve been with my employer for 9 years. I was in a stressful client facing role until July 2016 when I was admitted to a clinic (not sectioned) with depression and was on sick leave for several months. During that time (October 2016)  my brother committed suicide which delayed my return. I returned in April 2017 but found the job too stressful and had to take sick leave after 5 weeks. I found a new temporary role with the same company and returned in September 2017 on a phased return over 6 months. I have worked since September without any periods of sick leave.

Current situation

I have recently been told that my temporary role cannot be made permanent and so I will have to return to my old role. This has been a shock as, although I knew it was ‘temporary’, I thought I had a good chance as most secondments where I work turn into permanent jobs. I started feeling hopeless and having suicidal thoughts. Because my psychologist was on a month’s leave after her father died I wasn’t sure where to turn so I told my manager. She referred me to occupational health. I was initially assessed as fit for work after I said very strongly that I felt sick leave was the wrong way to go as being at home on my own wouldn’t help. OH agreed and said it would be counter productive wanted to follow up after a week. I spoke to OH again on Tuesday last week. This time she insisted I take some time out of the business. I said that I had a week’s leave w/c 11th but she said she wanted me to be on leave before that for an initial period of 2 weeks.

I saw my consultant psychiatrist on Thursday and she agreed I was fit for work and being off sick would not help me. I want to work and my own specialist thinks I should work but I’m not being listened to.

I have been told by HR to get a note from my GP declaring that I am unfit for work. I said that put me in an odd position as I don’t believe I am unfit and surely my GP should make her own assessment anyway.

The other contentious issue is that I’m not getting sick pay. I have exhausted my OSP and SSP entitlements with my last period of sick leave and so the most I can hope for is 50% pay if the Income Protection insurers pay out. I would be eligible for OSP if I worked 3 months without any time off sick. I hadn’t quite reached this point so the clock starts again. To make things even worse I have been told that I have to take next week as sick leave and cannot take it as holiday (with full pay). I am concerned that I will lose this holiday as I am already carrying a high holiday balance from last year and there are limits to what can be carried forward. 

I believe I am fit for work and I can back that up with a letter from my specialist, however OH haven’t asked her for a report. I have seen on the ACAS website that where a employee believes they are fit for work and an employer disagrees, the employee should ask to be suspended on full pay rather than being forced to take sick leave. I’m concerned about the wider implications of this.

Does anyone have any experience with this? Can OH force someone to take sick leave without pay even if they have a ‘fit for work’ fit note? Can I be forced to cancel my annual leave?

What should I ask my GP to do when I see her on Tuesday? I would need a sick note for an income protection claim but I am fit for work so don’t want to ask for a note saying I am not.

Any advice welcome.

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