Going abroad on consultants and doctors advice whilst off sick with pay.

[Billy The KId]

Hello LegalBeagles,
Recently my sister-in-law went into hospital to have her gall bladder removed. On her discharge from hospital her consultant surgeon and her GP advised it would beneficial to her health if, once she was able to fly, she went abroad to her second home for a complete rest.
Two weeks later, she went to abroad for four days, Friday to Monday.

Her employer, the NHS, who were paying her sick leave, are now taking her to a disciplinary board hearing for going abroad whilst on paid sick leave.

Is she in any breach of any employment law, bearing in mind she went on a surgeons and doctors advice?
Any information would be appreciated.

All the best, Billy the Kid.

[Kati]

Re: Going abroad on consultants and doctors advice whilst off sick with pay.

tagging [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION] xx

[Peridot]

Re: Going abroad on consultants and doctors advice whilst off sick with pay.

Hi Billy the Kid,
Would your sister in law's treating Dr or GP be willing to write a letter to the employer confirming they had advised her to go overseas to recuperate?
From an employers viewpoint I'm sure you can understand their cynicism if someone is signed off sick and they then go abroad. They may not know she has a property abroad so may think this was just a holiday rather than a recommended break.
Was your sister in law's sick note still covering the period she was overseas?
Has she spoken to the employer explaining the situation and what was their response or is that when they decided to make this a disciplinary matter?

[Billy The KId]

Re: Going abroad on consultants and doctors advice whilst off sick with pay.

Hello Peridot,

Thank you for your reply. In answer to your queries I can tell you the following.
Both the consultant and the GP would willingly write letters to confirm the advice they gave.
The employer, NHS, is fully aware my sister-in-law has a property abroad.
The GP certificate covered the time she was abroad.
The employer,xxxxx, is fully aware of all the circumstances. It seems a jealous work colleague informed management that my sister-in law had gone to Portugal for this short break, unaware it was on both the consultants and doctors advice.
I do understand the cynicism to a certain point but she has been very ill and the hospital are quite aware of this.

All the best, Billy the Kid

[Peridot]

Re: Going abroad on consultants and doctors advice whilst off sick with pay.

Hi Billy the Kid,
Just redacted the name of the employer in your previous post #4
If your sister in law has been formally invited to attend a disciplinary hearing then I'd suggest it would be useful for her to have the GP/Consultant letter available to show to the employer. She may even consider sending it in advance, as once they have seen the supporting letter it may head off the necessity to hold the meeting in any event.
I hope she is well recovered now.

[Billy The KId]

Re: Going abroad on consultants and doctors advice whilst off sick with pay.

Hello again Peridot,

Thanks for your prompt reply. I have relayed your advice to my sister-in law and she is going to ask both her consultant and her GP for letters confirming the advice they gave her. She will then pass them on to her managers. Hopefully that will satisfy those conducting the enquiry.

She sends you her sincere thanks for the advice, as I do.

All the best Peridot, have a happy Christmas and a prosperous New Year. XX