Can an Employer refuse your return to work?

Just wondering if anyone had come across a similar scenario before and how it was sorted.


A friend of the family has been out of work for about 7 weeks which started first with suspected meningitis. Following on from a number of different tests this was ruled out but he was still suffering with the same symptons. They then checked him out for a possible brain tumour etc. etc. until finally the doctors made a diagnosis of a viral infection which they believe attacked parts of the brain and which resulted in the symptons usually found in either meningitis or signs of a brain tumour. The prognosis is a long term one and he has been told until the virus completely leaves his body (which could take up to 6months or so) he will be suffering from on-going spells of migrane type headaches and tiredness, they would review him on a monthly basis and certified him fit for work.

However when he tried to return to work on Monday his Employer asked him how he was feeling, he said that he was relieved it was nothing life threatening but was still suffering for tiredness etc. but all in all was relieved. His Employer of 2 years then said that on Health & Safety grounds he could not allow him to return to work (desk job) if the symptons which had originally resulted in him being out of work had not cleared up. My friend explained that the doctors prognosis and that his doctor had certified him fit for work, however his Employer said there was obvious Health & Safety issues and could not allow him to start back until he was fully clear.

Is it possible for an Employer to do this, he doesn't get paid from work as there is no sick scheme, his own doctor is saying he needs to go back and talk it over with him Employer because as far as he is concerned he is fit for work and that the initial certified sick leave was to allow for tests to be carried out to ensure that it was not a tumour etc.

Any advice would be very welcome.

Could he go back to the employer and say that all of the sudden he feels fine?

If he has a "return to work" cert from his own doctor then he is clear to return to work.
If his employer does not accept this then the employer may refer the employee to the company doctor. The company doc can either agree the all clear and if so no issue. If the company doctor dissagrees then he should contact the employee's doctor to discuss the medical reports and try and find a way forward. If both disagree then the company should refer the matter to a consultant for an independant assessment paid for by the company. It would also be my opion that the employee is on paid leave while this process is worked through as he has complied with procedures by presenting a return to work cert. It is the company in this case are not accepting the medical opion.

Thanks for the replies, I had said to him to say he is now feeling fine as you suggest Clubman so I think that is what he is proposing to do when he tries to return to work again on Monday next.

As his Employer is not allowing him to return to work he is being stopped from earning so is depending on social welfare as has been the case for the last number of weeks so therefore he is eager to get back to some normality and avoid getting further into debt. His doctor has said to him that he has never had a return to work (final medical cert) questioned before so hopefully they will come to some agreement and his employer will not refuse to accept the final cert from him again on Monday.

He should document this incident just in case he needs to take it further (e.g. to the Labour Court or Rights Commissioner etc.). If the employer still refuses his return next week (?) then he should get the refusal in writing. He can just tell the employer that he needs it for his doctor or SW or something.