If you are stuck in such a situation, here is what to do.

Ms. Anya Sharma has been a self-employed drama teacher for a children’s weekend club, “Starlight Performers,” for nearly a decade. She is engaged as a contractor. A few weeks ago, Ms. Sharma was unexpectedly hospitalised after experiencing what appeared to be seizures, a condition she had no prior history of. Medical professionals suggested these were likely stress-induced non-epileptic seizures, and her GP has referred her for further specialist testing to confirm the diagnosis.

Upon her discharge, Ms. Sharma responsibly informed her two main clients. One client was supportive, suggesting they could ensure a teaching assistant was always with her. However, Starlight Performers took a different stance. The director, Ms. Chloe Davis, insisted that Ms. Sharma could not return to work until she provided a doctor’s letter explicitly stating she was “fit to teach.”

Ms. Davis claimed this was a requirement from her public liability insurer, who would not provide cover for a teacher prone to seizures in a classroom setting, citing it as a safeguarding issue. Ms. Sharma’s GP advised that the company should refer her to an Occupational Health service for a proper assessment, but Ms. Davis claimed this was not possible as Ms. Sharma is self-employed. While Ms. Davis did attempt to contact an NHS email address provided by the GP, she received no reply and seems unwilling to pursue it further.

At a recent appointment, Ms. Sharma’s GP confirmed that they do not issue generic “fit to work” letters. They issue a “Statement of Fitness for Work” (a ‘fit note’) only when someone is unwell, which can suggest if a person is ‘not fit for work’ or ‘may be fit for work’ subject to certain adjustments. When Ms. Sharma relayed this to her employer, the response was dismissive, questioning why she had asked them to contact Occupational Health and reiterating the perceived safeguarding risk. Ms. Sharma is now unable to work, is losing income, and fears this situation will lead to the termination of her contract.

Advice in such cases

In the UK, the legal relationship between an individual and a company dictates their rights and obligations. While Ms. Sharma identifies as a self-employed ‘contractor’, she may still be protected under UK equality law. The central issue revolves around potential disability discrimination. The company’s blanket refusal to allow her to work without a specific type of letter, which is not standard medical practice, is legally problematic. Their reliance on an insurer’s demand does not absolve them of their own legal duties not to discriminate. The focus should be on a proper risk assessment and exploring ‘reasonable adjustments’, rather than an outright ban.

Applicable Sections of Law

The legal framework for this situation in the UK is primarily governed by the following statutes:

• Equality Act 2010: This is the key piece of legislation. A sudden condition like seizures could be considered a ‘disability’ if it has a ‘substantial’ and ‘long-term’ (lasting or likely to last 12 months or more) adverse effect on normal day-to-day activities. Importantly, the Act’s protections against discrimination extend beyond traditional employees to include ‘contract workers’ in many cases. The relevant duties include:
  • The duty not to treat someone unfavourably because of something arising in consequence of their disability (Section 15).
  • The duty to make ‘reasonable adjustments’ to prevent a disabled person from being put at a substantial disadvantage (Section 20).
• Health and Safety at Work etc. Act 1974: This Act places a duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees and also non-employees who may be affected by their business (such as contractors, children, and the public). This requires them to conduct suitable risk assessments, but these must be based on evidence, not assumptions.

Steps for the Contractor

If you are the contractor in this situation, you must act methodically to protect your position.

• Formal Written Communication: Cease informal text messages. Communicate with the company via email to ensure you have a clear, dated record of all correspondence.
• Clarify Medical Position: While you are not obliged to share your entire medical record, it would be helpful to obtain a letter from your GP or specialist that explains your diagnosis (once confirmed), prognosis, and any practical adjustments that would enable you to work safely. This is different from a simple “fit to work” note.
• Propose Reasonable Adjustments: Proactively suggest solutions in writing. Refer to your other client’s suggestion of having a teaching assistant present. This demonstrates you are being constructive and helps shift the focus onto finding a workable solution.
• Reference the Equality Act: Formally write to the company, state that you believe their actions may be discriminatory under the Equality Act 2010, and request that they engage with you to discuss reasonable adjustments, which could include obtaining a proper Occupational Health assessment.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

How the police behave in such cases

This is a civil matter related to contract and equality law, not a criminal one. The police would have no jurisdiction or involvement in this dispute. The appropriate forum for resolving such a matter, if it cannot be settled directly, would be an Employment Tribunal.

FAQs people normally have

• Can my client legally demand a ‘fit to work’ note?
  They can ask for evidence of your fitness to perform your contractual duties safely. However, demanding a specific type of letter that GPs do not typically provide is unreasonable. The correct approach is a collaborative assessment of fitness and risk, often involving an Occupational Health report or specialist medical advice.
• As a self-employed contractor, am I protected from discrimination?
  Yes, potentially. The Equality Act 2010 extends protections to ‘contract workers’ who are contracted to do work personally. If your contract requires you to perform the teaching yourself (rather than being able to send a substitute), you are very likely to be protected from discrimination.
• Does my client have to refer me to Occupational Health?
  While there may not be a strict contractual obligation for them to fund an OH referral for a contractor, a refusal to engage in this process, especially when it is the best way to get an impartial assessment, could be viewed very poorly by a Tribunal and may form part of a discrimination claim. It is a key part of the ‘reasonable adjustments’ process.

What evidence is required?

To build a case, you should gather and preserve:

• Your contract or any written agreement with the company.
• All emails and other written communications regarding the issue.
• A diary of events and conversations.
• Any medical letters or reports that you are willing to share, which describe your condition and potential for adjustments.
• Financial records, such as invoices and bank statements, to demonstrate the income you have lost as a result of being prevented from working.

How long will the investigation take?

This is not a formal investigation in the criminal sense. The timeline for resolution varies greatly. If the company agrees to cooperate, a solution could be found within weeks through discussion and obtaining a medical report. If the dispute escalates and you need to make a claim to an Employment Tribunal, the process can take many months, often between 6 to 18 months, to reach a final hearing.

Advocate Sudhir Rao, Supreme Court of India