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  • FIRST POST
    • deakin1980
    • By deakin1980 22nd Sep 16, 10:41 AM
    • 3Posts
    • 0Thanks
    deakin1980
    Can i claim against my employer
    • #1
    • 22nd Sep 16, 10:41 AM
    Can i claim against my employer 22nd Sep 16 at 10:41 AM
    Hi There,

    Can i get some advise. I was working from home due to medical reason and this was for approximately 8 months. I worked daily on a laptop has have started to notice pains in my neck (Well... it is between the neck and shoulder) i was not given an assessment of my workplace and do not remember having to complete a health and safety document, or anything of the sort.

    After complaining about the pains, i was provided the relevant equipment within a few days of reporting this.

    Please can i get some advise on what i should do?

    Thanks
Page 1
    • Bogalot
    • By Bogalot 22nd Sep 16, 10:51 AM
    • 141 Posts
    • 243 Thanks
    Bogalot
    • #2
    • 22nd Sep 16, 10:51 AM
    • #2
    • 22nd Sep 16, 10:51 AM
    If you have pain then the best advice would be to see a doctor. Maybe get a massage or see a physio.

    Sad state of affairs when the first thought is compo.
    • sangie595
    • By sangie595 22nd Sep 16, 10:56 AM
    • 2,054 Posts
    • 3,277 Thanks
    sangie595
    • #3
    • 22nd Sep 16, 10:56 AM
    • #3
    • 22nd Sep 16, 10:56 AM
    See a doctor?

    Seriously, instead of dismissing you for being unable to work, your employer made reasonable adjustments to allow you to work from home for eight months, and now you want to sue them for a pain in the neck because they didn't do a DSE on YOUR home!? Yet they responded to the situation within days the first time you said anything?

    Where is your responsibility in all of this? If you considered that you needed further adjustments, why did you not ask for them? Why didn't you ask them to do an assessment on your home if one was needed?

    Looking after your own health is part of the health and safety deal. You did nothing to help yourself, and now want to sue your employer because they tried to support you staying in employment instead of dismissing you. Unbelievable.

    And by the way, that was a serious suggestion. You have a bit of pain in your neck. See a doctor. It's easily resolved.

    I leave all the obvious jokes here to everyone else....
    • Ozzuk
    • By Ozzuk 22nd Sep 16, 11:27 AM
    • 800 Posts
    • 1,252 Thanks
    Ozzuk
    • #4
    • 22nd Sep 16, 11:27 AM
    • #4
    • 22nd Sep 16, 11:27 AM
    Wow. Modern society summed up in a post.
    • DCFC79
    • By DCFC79 22nd Sep 16, 11:33 AM
    • 27,165 Posts
    • 17,245 Thanks
    DCFC79
    • #5
    • 22nd Sep 16, 11:33 AM
    • #5
    • 22nd Sep 16, 11:33 AM
    Wow. Modern society summed up in a post.
    Originally posted by Ozzuk

    What posts were you wanting ?

    Whats wrong with the advice posted, might not be what you after or a bit brash.


    My bad Ozzuk
    Last edited by DCFC79; 22-09-2016 at 11:51 AM.
    Je Suis Charlie
    • Bogalot
    • By Bogalot 22nd Sep 16, 11:35 AM
    • 141 Posts
    • 243 Thanks
    Bogalot
    • #6
    • 22nd Sep 16, 11:35 AM
    • #6
    • 22nd Sep 16, 11:35 AM
    What posts were you wanting ?

    Whats wrong with the advice posted, might not be what you after or a bit brash.
    Originally posted by DCFC79
    Are you confusing Ozzuk with the OP?
    • Merlin139
    • By Merlin139 22nd Sep 16, 11:42 AM
    • 3,642 Posts
    • 14,266 Thanks
    Merlin139
    • #7
    • 22nd Sep 16, 11:42 AM
    • #7
    • 22nd Sep 16, 11:42 AM
    Hi There,

    Can i get some advise. I was working from home due to medical reason and this was for approximately 8 months. I worked daily on a laptop has have started to notice pains in my neck (Well... it is between the neck and shoulder) i was not given an assessment of my workplace and do not remember having to complete a health and safety document, or anything of the sort.

    After complaining about the pains, i was provided the relevant equipment within a few days of reporting this.

    Please can i get some advise on what i should do?

    Thanks
    Originally posted by deakin1980
    Take resposibility for your own actions. Why do people look for a quick buck?

    If you have pain then the best advice would be to see a doctor. Maybe get a massage or see a physio.

    Sad state of affairs when the first thought is compo.
    Originally posted by Bogalot
    2 Excellent points

    See a doctor?

    Seriously, instead of dismissing you for being unable to work, your employer made reasonable adjustments to allow you to work from home for eight months, and now you want to sue them for a pain in the neck because they didn't do a DSE on YOUR home!? Yet they responded to the situation within days the first time you said anything?

    Where is your responsibility in all of this? If you considered that you needed further adjustments, why did you not ask for them? Why didn't you ask them to do an assessment on your home if one was needed?

    Looking after your own health is part of the health and safety deal. You did nothing to help yourself, and now want to sue your employer because they tried to support you staying in employment instead of dismissing you. Unbelievable.

    And by the way, that was a serious suggestion. You have a bit of pain in your neck. See a doctor. It's easily resolved.

    I leave all the obvious jokes here to everyone else....
    Originally posted by sangie595
    All excellent points.

    I wonder if the OP would look for compensation from a Bar for selling him booze if he fell over after drinking too much?
    3.975 kW System, South Facing, 35 Degree Pitch, 15 x 265W 8.33 Gallium Panels, Solar Edge Inverter, Driffield, East Yorkshire.
    • DCFC79
    • By DCFC79 22nd Sep 16, 11:51 AM
    • 27,165 Posts
    • 17,245 Thanks
    DCFC79
    • #8
    • 22nd Sep 16, 11:51 AM
    • #8
    • 22nd Sep 16, 11:51 AM
    Are you confusing Ozzuk with the OP?
    Originally posted by Bogalot
    Yes I am, my bad.
    Je Suis Charlie
    • Takeaway_Addict
    • By Takeaway_Addict 22nd Sep 16, 11:58 AM
    • 5,314 Posts
    • 6,008 Thanks
    Takeaway_Addict
    • #9
    • 22nd Sep 16, 11:58 AM
    • #9
    • 22nd Sep 16, 11:58 AM
    Hi There,

    Can i get some advise. I was working from home due to medical reason and this was for approximately 8 months. I worked daily on a laptop has have started to notice pains in my neck (Well... it is between the neck and shoulder) i was not given an assessment of my workplace and do not remember having to complete a health and safety document, or anything of the sort.

    After complaining about the pains, i was provided the relevant equipment within a few days of reporting this.

    Please can i get some advise on what i should do?

    Thanks
    Originally posted by deakin1980
    Shall we come and tuck you in at night, make sure you don't fall out of the bed?
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
    • deakin1980
    • By deakin1980 22nd Sep 16, 1:10 PM
    • 3 Posts
    • 0 Thanks
    deakin1980
    “can I make a claim” can be open to interpretation, shall I rephrase... can I make a claim of unfair dismissal.

    Maybe I should have stated, this is not a ‘compo’ claim this is merely the fact that it appears to me like they are trying to push me out of the door and it seems this is since advising of the issues I was facing. (This was not the reason for my past medical history)

    They were aware of:
    1. The timing’s I have been out of the office and despite having all the medical data to support my medical history, I feel I am being treated unfairly (Yes I have already spoken to my manager about this and they are very cryptic in their wording).

    2. Would this fall under some sort of discrimination act because I am still able to perform my job as per expectations.

    The above is purely advise on where I stand. It appears there are too many assumptions from my initial post… and no further questioning.

    Finally, I have seen a doctor, had a Gold injection for this yet still feel worried about my future within the company…

    oh and thanks for the sarcasm...
    Last edited by deakin1980; 22-09-2016 at 1:13 PM. Reason: additional text added
    • Oakdene
    • By Oakdene 22nd Sep 16, 1:13 PM
    • 328 Posts
    • 419 Thanks
    Oakdene
    Have you been dismissed? The first post makes no mention of that....
    • deakin1980
    • By deakin1980 22nd Sep 16, 1:13 PM
    • 3 Posts
    • 0 Thanks
    deakin1980
    and Takeaway_Addict, if you want to tuck me in bed you can. i mean whatever takes your fancy.
    • k3lvc
    • By k3lvc 22nd Sep 16, 1:15 PM
    • 1,422 Posts
    • 2,138 Thanks
    k3lvc
    “can I make a claim” can be open to interpretation, shall I rephrase... can I make a claim of unfair dismissal.

    Maybe I should have stated, this is not a ‘compo’ claim this is merely the fact that it appears to me like they are trying to push me out of the door and it seems this is since advising of the issues I was facing. (This was not the reason for my past medical history)

    They were aware of:
    1. The timing’s I have been out of the office and despite having all the medical data to support my medical history, I feel I am being treated unfairly (Yes I have already spoken to my manager about this and they are very cryptic in their wording).

    2. Would this fall under some sort of discrimination act because I am still able to perform my job as per expectations.

    The above is purely advise on where I stand. It appears there are too many assumptions from my initial post… and no further questioning.

    Finally, I have seen a doctor, had a Gold injection for this yet still feel worried about my future within the company…

    oh and thanks for the sarcasm...
    Originally posted by deakin1980

    Unless I've misread your OP there's no mention of pending dismissal - where does this suddenly come into the equation ?


    My reading of this is you had a medical condition, they made concessions to allow you to work from home, you now claim WFH has injured you and are blaming them for not carrying out an assessment and you wonder why they're !!!!ed off with you


    My advice would be to take responsibility & build some bridges with employer or look for a new employer
    • sangie595
    • By sangie595 22nd Sep 16, 1:23 PM
    • 2,054 Posts
    • 3,277 Thanks
    sangie595
    “can I make a claim” can be open to interpretation, shall I rephrase... can I make a claim of unfair dismissal.

    Maybe I should have stated, this is not a ‘compo’ claim this is merely the fact that it appears to me like they are trying to push me out of the door and it seems this is since advising of the issues I was facing. (This was not the reason for my past medical history)

    They were aware of:
    1. The timing’s I have been out of the office and despite having all the medical data to support my medical history, I feel I am being treated unfairly (Yes I have already spoken to my manager about this and they are very cryptic in their wording).

    2. Would this fall under some sort of discrimination act because I am still able to perform my job as per expectations.

    The above is purely advise on where I stand. It appears there are too many assumptions from my initial post… and no further questioning.

    Finally, I have seen a doctor, had a Gold injection for this yet still feel worried about my future within the company…

    oh and thanks for the sarcasm...
    Originally posted by deakin1980
    This bears no relationship whatsoever to your first post. It is also as clear as mud. There have been no assumptions about your first post. You very clearly stated a set of issues and asked if you could claim against your employer. You have now totally shifted the ground to something which bears no relationship to anything you asked previously.

    So, you haven't been dismissed so no, obviously, you cannot make a claim of unfair dismissal. It actually requires a dismissal to take place.

    Your concerns appear to be about ephemeral "feelings" of management being cryptic. But lets look at the evidence. The evidence is that the employer was under no obligation at all to allow you to relocate to home for medical reasons. But they did. After eight months you got a bit of a sore neck and reported it - and the issues you highlighted were responded to within two days. So what evidence you have actually presented is of a very good employer going above and beyond what they might reasonably be expected to allow to maintain your employment. On the basis of this you would like to sue them now for discrimination? Not a chance.

    Would you like to try for a third totally different scenario and see if you have any better luck with that???
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