Question for the legal eagles?

when_will_it_end

dpassmore wrote: »

when will it end

As you have clarified what you ailment actually is and indicated that your work involves a lot of sitting I can understand that you will be suffering discomfort.

A bulging disc can be caused by heavy lifting, impact from an accident or can just be degenerative, however there can be other causes as well. When the 'popped out' disk presses on nerves, it will be very painful.

Whether your work caused your problem or exacerbated an existing one only medical professionals could determine I suspect, however your employer should take into consideration your condition but in a worst case scenario, if your employer determines that you are incapable of carrying out your normal duties, then they may have to dismiss you - but let's not go there.

I did notice the following quotes from your post:

"On my return my back to work note stated assisstance for 4 weeks was needed i could not work alone
assistance was given".

"I was sent in jan to BUPA by work".

"They said i was unfit for work and a risk assesment was needed
one was compleated in early feb"

"I recieved a new chair ordered on 14th march and counter was adjusted"

"I am now on a phased return to work i must admit that these small adjustments have made my life easier"

Without dismissing your situation outright, it would seem that the company have been reasonable in accommodating your requirements to be fair.

They carried out a risk assessment as soon as you informed them of your condition, they sent you to BUPA, they replaced a chair, adjusted your desk and they are phasing your return to work.

They seem to have been very reasonable and as you have stated, their adjustments have 'made your life easier' so I just cannot see what else they can do.

Your condition is painful and there is no workstation in the world that will take away the agony, but if I understand the jist of you post, it seems your grievance is based on the absence of a risk assessment in July, but some could argue it would not have made much (if any) difference due to your condition as they could do no more.

I did state earlier in an answer to one of your questions that risk assessments should be carried out ideally before any working activity, process etc.... commences, however, with a workstation assessment (DSE Regulations) these can be problematic insomuch that a workstation may have all the modern equipment, space and appear ergonomically sound, but everyones body is different and without going into anthropometry and other ergonomic issues, it is quite possible that a very modern workstation may still cause problems for the user.

That is why it is wise to carry out DSE assessments regularly as any problem may take some time to manifest (however don't forget that the common sense action would be to inform your manager immediately if you believe your workstation is causing problems) - although from experience - people will sufffer in silence when a simple adjustment of a chair or provision of a footrest will solve a problem.

A risk assessment was carried out in February (when your backache started) and since then, the company have made reasonable adjustments in my opinion, however perhaps some HR person could clarify if that is the case.

I understand the financial implications of your condition - unfortunately we all suffer ailments during the course of our working lives - some make provisions for such events - however, as I mentioned earlier, the company could decide that you are unfit to carry out your normal duties - all I am attempting to suggest that a grievance might not help your cause.

sorry i missed out that it was feb last year the problem stated and july last year that work were first made aware thta i was finding it painfull to work alone and do other managerial things that involved bending and lifting

since my return to work this time i have had to do an easier job with less money

when_will_it_end

in a meeting with hr after the bupa report i asked why a risk assesments had not been done when they were first made aware that i was having problems in work because of back pain, he asked me why i had not asked for one in the first place

last year i did not really kow alot about the ins and outs, so i thought it was my fault

dickydonkin

when_will_it_end wrote: »

in a meeting with hr after the bupa report i asked why a risk assesments had not been done when they were first made aware that i was having problems in work because of back pain, he asked me why i had not asked for one in the first place

last year i did not really kow alot about the ins and outs, so i thought it was my fault

since my return to work this time i have had to do an easier job with less money

Not ideal I appreciate - but at least they have acknowledged that you cannot manage your 'normal' duties and it seems they have put you into a role that you can manage without causing further damage to your back and is providing income.

sorry i missed out that it was feb last year the problem stated and july last year that work were first made aware thta i was finding it painfull to work alone and do other managerial things that involved bending and lifting

But the company can only act on when they are made aware - you had the problem for 5 months before you informed the company - potentially causing more damage to your back.

In my last post I mentioned about suffering in silence, but it is vital that if anyone is struggling at work because of pain or injury, let someone know so at least it gives the company the opportunity to determine if it is aspects of the job that is causing the problem.

in a meeting with hr after the bupa report i asked why a risk assesments had not been done when they were first made aware that i was having problems in work because of back pain, he asked me why i had not asked for one in the first place

There really should have been a manual handling assessment - particularly if your role involved a lot of heavy lifting and carrying.

By virtue of you stating that you could not work alone suggests that some of the lifting requires two people - had a risk assessment already been carried out which determined that two people were required??

When you informed the company you were suffering, they did the right thing by sending you to BUPA - Many employers would not be so considerate.

It is a difficult one but as long as the company are monitoring you and you keep them in the loop in regards of how you are managing, because of the nature of your condition, I don't think there is a lot more they can do.

Googlewhacker

dpassmore wrote: »

Isn't that Googlewhacker's signature?

Has his post disappeared? I can't see where it was originally?

dickydonkin

Googlewhacker wrote: »

Has his post disappeared? I can't see where it was originally?

Disappeared without a trace.........

They do say though that imitation is the sincerest form of flattery!