Fit for work certificate?

[lughildanach]

Yes, they do. You think the unions would let the public service away with demanding such certs before allowing staff to return if they weren't entitled to?

Its not as simple as that.

It depends on the contract, and on the statutory and contractual obligations on the employer and employee. The employer has an obligaiton to provide a safe workplace. If they consider that a fit.ness to work certificate is required, then they have an obligation to do that. An employee has an obligation to co-operate with any health and safety measures put in place by the employer. Best practice is that these obligations and any requirement for a fit.ness cert be included in the contract, but where this is not specifically included, it can be implied by the practice in the sector involved. However, if it is not generally required in the industry and where it is not specifically required in the contract, an employer could face difficulty. Of course the employer can insist on a certificate, but if the employee cannot provide one for a valid reason, the employer may have an obligation to continue payment to the employee if they are available for work.

 

[Leo]

Its not as simple as that.

Yep, fair enough. I think it's safe enough to assume here that a company that insists it's their policy that these are supplied can indeed point to a copy of that policy as may be required.