I have asked to return to work after a long period on LTD. I was given a two day heath assessment 2 months ago. I have contacted my employer about when I return and was told the assessment takes a long time. I've heard nothing more. Do I have a case?

Thank you for your question. If you can produce a doctor's note confirming that you are cleared to return to work and your employer refuses to return you, that could amount to a breach of human rights and a constructive dismissal. However, an employer does have the right to inquire about information they may need to fulfill their duty to accommodate you (e.g., in order to determine whether you have any accommodation requirements).

If your employer still refuses you to return to work after producing a medical clearance note, please contact us at the number below for a consultation.