long term sickness and awaiting redeployment...advise neede

jazzconfused

my friend has been off sick for 14 months for hurting her back at work. she works as health care assistant at nhs for 6 yrs. last april, her physio and gp are happy for her to go back to work with light duties and no lifting. she is for redeployment but has to apply for the suitable post as any other applicant. she went for interview for a post that she found herself w/o any help from HR but was unsuccessful which really plummeted her confidence. we her friends seems that people from her work are just dragging their feet not realizing the effect on her and she is not getting any money at all and is struggling to pay her dues. they did not even give her advise on what she is entitled with regards to benefits. we only learn last month that she has not applied for anything. since then, we managed to help her apply for ESA and housing benefits and is awaiting to hear from them. we are concern that she is not pushing enough her manager, HR and union about returning to work as she doesnt know her full rights and where she stands. we are trying to get through to her local CAB but line is always busy even early in the morning. thank you for finding time to read this and will really appreaciate any advise.

Googlewhacker

She needs to be careful because if she pushes to hard she could end up being dismissed on capability reasons.

Was the accident caused by work or just and accident at work? Has she looked at whether she can make a claim?

jazzconfused

Googlewhacker wrote: »

She needs to be careful because if she pushes to hard she could end up being dismissed on capability reasons.

Was the accident caused by work or just and accident at work? Has she looked at whether she can make a claim?

yes it happened at work. Her gp and occi health has signed her to return to work with light duties 2 months ago but nothing is moving. worst, meeting with her manager and HR happens only once a month and is always unproductive.

Googlewhacker

Unfortunately if the company cannot provide light duties then they don't have to and could insist that she only return when full fit.

Whilst I don't think there is legally anything wrong with what they are doing it wouldn't look good if it went to tribunal etc.

Might be worth calling ACAS

jazzconfused

Googlewhacker wrote: »

Unfortunately if the company cannot provide light duties then they don't have to and could insist that she only return when full fit.

Whilst I don't think there is legally anything wrong with what they are doing it wouldn't look good if it went to tribunal etc.

Might be worth calling ACAS

what is ACAS?

Googlewhacker

jazzconfused wrote: »

what is ACAS?

Free impartial employment advice, google it for the number

jazzconfused

Googlewhacker wrote: »

Free impartial employment advice, google it for the number

thank you so much for your reply.

is this better than CAB? cos weve been trying to get through her local CAB...

by the way, talking to these agencies (ACAS,CAB) is ok? and will not backfire on her for soliciting advice?

Googlewhacker

jazzconfused wrote: »

thank you so much for your reply.

is this better than CAB? cos weve been trying to get through her local CAB...

by the way, talking to these agencies (ACAS,CAB) is ok? and will not backfire on her for soliciting advice?

They are better but never take their word as gospel because it is generally only trained up people, if you need proper proper advice then goto a solicitor

SarEl

Googlewhacker wrote: »

They are better but never take their word as gospel because it is generally only trained up people, if you need proper proper advice then goto a solicitor

If she goes to a solicitor then her union will withdraw any support. You cannot be represented by two different agencies. Since she is in a union then that should be her first port of call.

The advice you have had above is sound - she isn't entitled to return to work on light duties unless such work exists, and there will be others who are in the redeployment process for all sorts of reasons who are equally entitled to be given the chance of a job. You suggest that she perhaps hasn't pushed enough, and this may be the case. Just because her redeployment interviews are monthly does not stop her contacting her case officer for redeployment more frequently to see what is "on the books", or phoning her union rep to see if there is anything that they can do to push things. But right now there are a lot of people in public sector redeployment processes, and it isn't going to get better any time soon. Recruitment is frozen in lots of places, and if people leave they simply aren't being replaced - from redeployment or anywhere else.

Googlewhacker

SarEl wrote: »

If she goes to a solicitor then her union will withdraw any support. You cannot be represented by two different agencies. Since she is in a union then that should be her first port of call.

I missed that part, my apologies. Yes goto the union who will have their own solicitors I guess if needs be

jazzconfused

so is it ok for her to go to ACAS or CAB then??