If I walked out of work due to health reasons where would I stand legally?

slugger09

I want to get this right before I actually do it, Say you had a health condition in my case both asthma and high blood pressure, you got moved from your regular position into a job that would effect your asthma and blood pressure and you refused to do it because of these reason and went home where would I stand? I endured it today but if the same happened tomorrow I will go home. So to sum up, you have a health complaint, your boss is aware, but still forces you to do the work where do you stand?

System

Change of location affecting asthma I understand, but affecting your blood pressure? That one implies that you are struggling to do the job. Do you measure your blood pressure in work? Are you on medication for it?

slugger09

!!!!!! wrote: »

Change of location affecting asthma I understand, but affecting your blood pressure? That one implies that you are struggling to do the job. Do you measure your blood pressure in work? Are you on medication for it?

I'm on beta blockers as its believed to be linked to a heart complaint, but when your colleagues say "Are you ok? You look like your going to have a heart attack" its a pretty good indication, Basically the job involves working in 40'c heat, not good for asthma as I could barely get a breath and my face had literally turned purple.

SarEl

The simplest answer (but not the whole one) is without pay and possibly facing a disciplinary. In other words, walking out is not the best approach.

Asthma may (depending on its severity), qualify for the limited protections afforded under the DDA, but it is certainly impossible to tell from this sketchy post - and even then may only be finally determined in tribunal as to whether the specific case affords this protection.

Also, an employer has a duty of care to their employees health, and there may be provisions or issues under health and safety legislation.

But it is impossible to say - as the previous poster suggested, the circumstances and the environment matter. And other things like why you have been moved and what has changed.

But the correct way to address this is through the grievance procedure on either or both of the above grounds, not by walking out.

slugger09

Sorry, So what exactly do I do? Put something in writing stating the reasons etc, Would even a doctors letter help as she has all the proof, but in a ladish enviornment this all could make it worse.

Uncertain

I would suggest you see your doctor asap.

If the work / health situation is so bad you are considering walking out there is not much to lose.

On a new style "sick note" the doctor has the option of saying "may be fit for work subject to the following adjustments.......". If the firm can't / won't go along with these then they have to treat you as off sick.

If nothing else this may make the firm take the mater seriously as the consequences of making your condition worse can be quite severe.

It is important your doctor is "on side" as a first step in progressing this.

Premier_2

slugger09 wrote: »

...So to sum up, you have a health complaint, your boss is aware, but still forces you to do the work where do you stand?

Would be a rather foolish employer if, knowing you have the health problems you do, and knowing the work you are being asked to now carry out could adversely affect those health issues, the employer still insisted you did. Think of the liability he is exposing you to if, for example, you had a massive asthma attack or a coronary and dropped dead. I suspect he won't have any valid insurance either in such circumstances.

Are you sure the employer is aware of your health situation. Does the employer agree with you over the increased risks involved in the new work (particularly in respect to your health situation)?

Or does the employer just think you are swinging the lead?
In which case, you'd be better off getting some professional experts to back up your claims of both cases, rather than just walking out.

slugger09

Ok thanks all, I will get some documentation to prove and then what ever happens happens.

Googlewhacker

really without proof that these conditions would make your conditions worse there is not alot you can do. So as suggested go and see a Dr and tell them the truth and see whether they will recommend that the new situation may or may not be adviseable.

Then lodge a grievance with work in writing.

teabelly

Ask your employer for a risk assessment to be carried out.

If you were to have an asthma attack and need an ambulance when you have already warned your manager in writing of the issues with your health, it isn't going to look very good for them is it? Keep hassling your manager, preferably when visibly wheezing, that you are unable to continue. Walking out of work isn't acceptable but going into another part of work where those conditions aren't is probably more sensible.

If they're insisting on behaving like this I'd be wondering whether they were doing it on purpose....

Googlewhacker

Well OP, what happened?