At my wits end - Work problems

katielouisemc

Hi, this is a bit of a long one so bear with me - if you take the time to read this then you're a star..

In April my OH was offered a job with ASDA. He was issued protective footwear that after a couple of days were making his feet incredibly sore. We spent a fortune on insoles and special pads to make them more comfortable but over the course of a couple of weeks he was unable to walk and ended up in A&E for an x-ray on his right foot. He was advised by his line manager to take the time off he needed and not come back too soon as 2 absences would be investigated. He returned after a week and everything seemed fine.

Then about 6 weeks ago the same thing happened to his left foot - it was swollen to about 3 times the size and incredibly painful. In trainers his foot was fine, so it was clearly a problem with the workboots. He informed the First Aider and his line manager plus the Ops manager that the problem was with his boots but they said they wouldn't get him new ones until he had a doctors note.

He saw a doctor the following day after being complained at because his workrate was slow (another long story!) but the doctor wouldn't give him a note unless it was fractured - which after an x-ray we found out it wasn't. In the meantime we spent money on buying a new pair of safety boots ourselves which were much more comfortable.

He worked for a week limping without anyone saying anything, then all of a sudden after being in work 10 minutes someone he didn't know came over and told him he had to go home because he was limping and it was against health and safety. He went back in the next day and spoke to several different people - one agreed to order new boots, the other told him he had be off sick and to go and see a podiatrist. We spent a lot of money seeing the podiatrist who within seconds of seeing his boots and his foot told us that they were the cause and that my OH has nerve damage in his foot and stress of the tendons/ligaments. He advised that my OH would be off for 4 weeks and wrote a detailed letter to his employers stating the problem and the cause.

We received a copy of the letter and I immediately picked up on a mistake - the podiatrist said he'd suffered with the problem for 6 months instead of 6 weeks so I told my OH to make sure he clarified that with work just in case. The day after they received the letter they asked my OH to go into work to discuss the letter and talk about where else in the warehouse he could work. He goes in and is ambushed by being told it was a disciplinary hearing for gross misconduct. They're claiming he failed to disclose that he had the problem for six months on his medical form. He explained the mistake and they adjourned the meeting until they'd contacted his podiatrist. They also told him he didn't need a sick note, presumably because he was under the care of a podiatrist.

Anyway, they rang over a week later and asked for a sick note - my OH got one 3 days later as it was the soonest he could see his doctor and they gave him the new 'fit note' which stated he was partially fit for work - as long as he could sit down and work, which is obviously impossible where he works. Work rang him today and wanted to know why he wasn't in work when he was 'fit for work'. The manager argued with OH that it was a fit note but OH tried to explain that it said PARTIALLY fit for work as long as they modified his duties. He asked about the disciplinary hearing and the guy said that he wanted to meet with OH on Wednesday to continue it, even though they haven't been in contact with the podiatrist.

I'm terrified he's going to lose his job and this is incredibly stressful for both of us. They seem to be hell bent on persecuting him and I don't know what we should do or where we stand with anything. Any ideas?

ohreally

Is he a member of a trade union as this can be handled relatively easily - I'm sure GMB organise within asda?

In terms of the disciplinary, from what you've indicated, all bets are off due to their handling of events.

In terms of the footwear, ppe must be fit for purpose and suitable for the individual, its law...
para 4 - (3)(b)+(c) http://www.legislation.gov.uk/uksi/1992/2966/regulation/4/made

The issue of incorrect dates can be resolved by contacting the person who authored the report and bring the error to their attention. Be proactive in contacting the podiatirist, don't leave thsi for the employer - its in your interest not theirs.

Edit:https://www.unionweb.co.uk/view/PageView.aspx?Page=200 (it appears a bit out of date).

katielouisemc

He's a member of GMB who have been really helpful.. his union rep was furious that they hadn't told him it was a disciplinary hearing and reassured him that it would come to nothing - I'm just worrying about the whole 'fit note' business. Surely as management they should know that the sick note was replaced with the fit note last year some time? I find it incredible that they can't a) just speak to my OH to clarify the mistake in the letter or ring his podiatrist first and foremost and b) that they can't understand a simple fit note that is pretty self explanatory. It's taken my OH a long time to find a job after being unemployed for a few years and now he has a job they're making it very difficult to hold on to!

Thanks for the link re the ppe.. useful to have handy if he faces further disciplinary action for having two absences in 12 weeks - a very likely outcome if their actions thus far are anything to go by!

ohreally

katielouisemc wrote: »

Thanks for the link re the ppe.. useful to have handy if he faces further disciplinary action for having two absences in 12 weeks - a very likely outcome if their actions thus far are anything to go by!

I would put it to the employer the absences be disregarded due to their part in his injury.

katielouisemc

Yeah we contacted the podiatrist straight away and he said he would let us know once he'd spoken to them. The link in your edit is incredibly interesting - I've read it a few times before - lots of people complaining about the same issues that we've had to deal with since he's been there. The job seemed great when he got it but their people management and management in general is absolutely disgraceful. It's not relevant but they're a management team of bullies who have no consideration for their employees. Rant over!

I'll get him to speak to his union rep about having the absences disregarded - hadn't even thought of that but did think it was unfair for them to threaten him with being investigated seeing as it was their footwear that caused the problem. It's such a minefield, I'm just glad he joined the union when he started as we're both relatively clueless about procedures and rights etc.

Emmzi

ohreally wrote: »

I would put it to the employer the absences be disregarded due to their part in his injury.

That's not really how it works.

If they have caused his injury at work then he puts in an insurance claim.

However he has contributed to his illness by continuing to wear ill fitting boots so don't expect a fortune from that.

He's in his probationary period, he is not fit for work, and has no date when he will be fit for work, is that correct? So bluntly, because I am not one for giving false hope, that does not look good.

You need something that says "I expect him to be able to retun to full duties within X weeks" to have a fighting chance here.

ohreally

Emmzi wrote: »

That's not really how it works.

If they have caused his injury at work then he puts in an insurance claim

I didn't imply in any way, shape or form that a claim should instigate.

Incidentally, i know "how it works".

katielouisemc

The podiatrist explained in the letter that he is expected to return within 4 weeks so there is a rough date there but obviously it'll be a play by ear situation. They said the duration of the illness isn't an issue, it's that it's the second absence he's had in the 12 weeks. As far as him continuing to wear ill-fitting boots - he's had no choice. They refused to order him new ones without a doctor's note to back up that it was the boots causing the problem. Once the podiatrist wrote the letter they ordered him new ones but it was too late. He also bought his own in between those two instances but they refused to let him wear them because they weren't 'ASDA approved'. Rock and hard place comes to mind.

katielouisemc

I'm really not bothered about making any sort of claim.. we just want him to be treated fairly and keep his job.

Emmzi

well, the date helps, and that is isn't far off helps.

IMHO it's stupid not letting him wear his own toetecs - just bloody minded! It does seem very unreasonable to me.

Your problem is that he has minimal employment protection during his probationary period/ first year of employment. It's going to be down to how reasonable the boss hearing the case is.

bluenoseam

To be fair i think all chance of him ever getting "fair" treatment is long out the window, regardless as to whatever he does now he'll be branded a trouble maker in higher-up's minds and if they decide to go down a disciplinary route then they can (and likely will) sack him with little or no reasoning - like Emmzi said, within the first year (soon to be 2) he has precious little protection.