I have a member of staff who has been off work for 6 months with a back injury, he tried to return to work a few weeks ago but his GP refused to sign him as fit and instead gave him another note for a further 13 weeks.

I have been in regular contact with the employee throughout his absence and visited him at home on 28 May when I asked him to give me permission to obtain a report from his GP. I explained that I wanted the report so I could determine whether there were any changes to duties/working pattern etc that would allow him to return to work, he is a fitter so his job is manual with lots of heavy lifting.

Since asking for the report the employee has not answered my calls so I have been to his home this morning to see him. He was reluctant to talk to me and simply said that he has handed my request to his solicitor but hasn’t heard back from him yet.

I have asked him to chase his solicitor and let me know his decision by the end of next week.

If he still refuses permission what do I do next? Can I dismiss based on what information is available to me today i.e. he can’t do the work.

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