My Boss wont let me come to work... Help plz

Ok im not very sure what to say here.

Iv been having probs with being ill for about a year and half now. But have stayed at work all that time and taking time off for the hospital and all that was ok as i said id take them as my stays off not to leave work short staffed. they where very happy with that.

But then just b4 chrismas i took real ill and had to take time off work for about 3 weeks work again was fine with this. Once i went back to work i was only there two days when i was called to the office and mymanager said he did not feel i was fit for work I WAS FINE and mead me go home saying not to return till i seen my doctor again. So i did go the docs ho said he was more than happy for me to work aslong as i didnt do any heavy work. My boss wont let me do light work and as a reslut iv now been off 12 weeks i want to go to work and my doctor says i can But my boss standing in the way. I can do 95% of the work my role ask for so see no reason why he wont let me work. PLUS HE IS HAPPY TO LET OTHERS DO LIGHT WORK JUST NOT ME by looks of it. as a reslut im getting 50 pound SSP a week from work thats all iv coing in.


So would anyone have info to help

Can my Boss do this?

Have i any rights?

Can i get any benafits if he wont let me bak again

Plz plz plz help

Mar.creshams SON
09 Wins= 5 Rugby balls, 3 Football. A cricket ball. 6 Books. A subway, A T.Shirt, 2 Durex Goody Bags, Beyonce tickets X 7 SETS A Magnum card. 2 glamour wins. Coffee, Jewellery. Moble Phone
:A
Be nice and hit Thanks
«1

Comments

  • simpywimpy
    simpywimpy Posts: 2,386 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If the doctor has signed you as fit for work, it sounds very strange that they won't let you go.

    How long have you worked for them? Do you have contract?
  • Mar.cresham
    Mar.cresham Posts: 1,060 Forumite
    Hi

    Thanks for getting back to me

    My doctor as said he is more than happy for me to work as long as i am doing light work. So that is only a small part i cant do like 5% My Boss is saying he cant have me back to i can do everything. But he is happy to let an other staff member do light work at the moment and as done b4.

    Yes i have a con and iv worked for them for the past four and half years. We have like 50 staff and there is only me and 2 others thats been there from it opend
    09 Wins= 5 Rugby balls, 3 Football. A cricket ball. 6 Books. A subway, A T.Shirt, 2 Durex Goody Bags, Beyonce tickets X 7 SETS A Magnum card. 2 glamour wins. Coffee, Jewellery. Moble Phone
    :A
    Be nice and hit Thanks
  • Mar.cresham
    Mar.cresham Posts: 1,060 Forumite
    Can Anyone Plz Help
    09 Wins= 5 Rugby balls, 3 Football. A cricket ball. 6 Books. A subway, A T.Shirt, 2 Durex Goody Bags, Beyonce tickets X 7 SETS A Magnum card. 2 glamour wins. Coffee, Jewellery. Moble Phone
    :A
    Be nice and hit Thanks
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Hi, you don't say what your illness is. If it amounts to a disability under the disability discrimination act (the scope is quite wide) then your employer has a duty to make reasonable adjustments to enable you to continue working. If reallocating 5% of your workload would allow you to return to work, then this would probably be considered reasonable.

    Every case is different, and is dealt with on its own merits, so you do need to get advice. ACAS should be able to give you information and the Access to Work scheme might also be able to help. If you have a local DIAL, they may be able to help.

    Good luck
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • SomeBozo
    SomeBozo Posts: 1,195 Forumite
    We really need to know what your illness and what your work duties are.

    If you can do 95% of your job, who does the other 5%? What is the 95% and what is the 5%?

    Bozo
  • Mar.cresham
    Mar.cresham Posts: 1,060 Forumite
    That is what the Hospital is trying to work out at the moment. Iv had CT scans camera tests and all sorts done to me Iv to go to the Macmillan Centre this weds aswel. To top this off iv had very bad pain in my lower back which my Doctor say seems to be part of whatever is wrong but was not helped by a fall from a ladder at work when stock fell and knocked me off it.

    I work for Argos so you are dealing witha lot of heavy goods. But i can do everything from cash desk to returns Jewellery desk cash office you name it. so only thing i cant do is heavy lifting and going up ladders an such. which i never did alot of anyway!!! Now i find out a staff member hurt his arm and got light work st8 away seems odd to me

    case of want to work and they wont let me

    Mar.creshams SON
    09 Wins= 5 Rugby balls, 3 Football. A cricket ball. 6 Books. A subway, A T.Shirt, 2 Durex Goody Bags, Beyonce tickets X 7 SETS A Magnum card. 2 glamour wins. Coffee, Jewellery. Moble Phone
    :A
    Be nice and hit Thanks
  • DCFC79
    DCFC79 Posts: 40,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    That is what the Hospital is trying to work out at the moment. Iv had CT scans camera tests and all sorts done to me Iv to go to the Macmillan Centre this weds aswel. To top this off iv had very bad pain in my lower back which my Doctor say seems to be part of whatever is wrong but was not helped by a fall from a ladder at work when stock fell and knocked me off it.

    I work for Argos so you are dealing witha lot of heavy goods. But i can do everything from cash desk to returns Jewellery desk cash office you name it. so only thing i cant do is heavy lifting and going up ladders an such. which i never did alot of anyway!!! Now i find out a staff member hurt his arm and got light work st8 away seems odd to me

    case of want to work and they wont let me

    Mar.creshams SON

    well its odd why they wont let back to work since your able to carry out most jobs apart from the heavy lifting and im sure theres enough capable staff there to do the lifting
  • Mar.cresham
    Mar.cresham Posts: 1,060 Forumite
    :confused: Thats whats getting to me i cant see any reason for this. I know there as been a downturn in sales at are store and have let staff go and am now worrying thats what there trying here seen there is no reason for them not to let me work. Dont have a clue what i can do im lost
    09 Wins= 5 Rugby balls, 3 Football. A cricket ball. 6 Books. A subway, A T.Shirt, 2 Durex Goody Bags, Beyonce tickets X 7 SETS A Magnum card. 2 glamour wins. Coffee, Jewellery. Moble Phone
    :A
    Be nice and hit Thanks
  • olias
    olias Posts: 3,588 Forumite
    Try Citizens advice, they are generally good with employment law, also is your boss the highest level in the store or is there a manager above him you could talk to or even an area manager or head office - I know that this may pi55 your boss off, but if he doesn't appear to be treating you fairly then you may have no option.

    Also check your work contract for your terms and conditions - there may be something in that about 'capability' for work. There is also likely to be a file or folder at your work place (if you can get in to see it!) that will have details of the companys set procedure to handle capability to work. you need to make sure that the boss is adhering to this or else you may be forced to go down the route of raising an official greviance against him to his boss

    Olias
  • olias
    olias Posts: 3,588 Forumite
    Sorry, just thought - also make a record of everything that happens - times/dates/conversations etc, as if he does try to get rid of you through the 'capability' route then you need all the evidence you can to prove he did not follow the companys correct procedure (if indeed that is the case)

    Olias
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